Marcum v. State of Vermont Agency of Human Services

¶ 1. Nurse Melissa Marcum appeals from the tidal court’s grant of summary judgment to the Vermont Agency of Human Services denying her status as a state employee entitled to workers’ compensation benefits for a workplace injury. Nurse argues that based on her job of carrying out the Agency’s business and the Agency’s control of her work, the court erred in treating her like an independent contractor and in not deeming the Agency to be her employer. We disagree and affirm.

¶ 2. The following facts were found by the trial court and are not disputed. Nurse is a licensed practical nurse who worked…