Payea v. Howard Bank

Plaintiff appeals the Chittenden Superior Court’s grant of defendants’ motion for summary judgment. Following a work-related injury, plaintiff sought damages and other relief after defendants refused to reinstate her in accordance with § 643b(b) of Vermont’s workers’ compensation statute (“Act”). 21 V.S.A. § 643b(b). On appeal, plaintiff claims that the trial court improperly concluded that an exception to the reinstatement obligation, as provided in § 643b(d)(2) of the Act, applied in plaintiff’s circumstances. We agree, and therefore, reverse.

In 1986, plaintiff was hired as a data processor…