Kapusta v. Department of Health/Risk Management

¶ 1. In this workers’ compensation action, employer, Vermont Department of Health, appeals from an opinion of the Commissioner of the Department of Labor declining to apportion the responsibility for a permanent partial impairment between claimant’s nonwork-related condition and her work-related injury. Employer contends that Vermont law requires apportionment in this case. Alternatively, employer asserts that if the Commissioner was not required to apportion, but'had the discretion to do so, she abused that discretion by declining to apportion in this case. Claimant, Nancy Kapusta,…