Estate of George v. Vermont League of Cities & Towns

Dooley, J.,

¶ 42. concurring. I agree with the majority opinion that decides this case more as an adequacy-of-proof case than an admissibility-of-evidence case. This is exactly how the Commissioner of Labor decided the case, because no issue of evidence admissibility was raised there.13 As the majority opinion explains, *254the evidence was inadequate to show specific causation, and summary judgment was properly granted. I cannot agree with the dissent that this Court, the superior court and the Commissioner “have exceeded their proper roles in this case and evaluated the evidence put forward by…