Morin v. Essex Optical/The Hartford

¶ 1. Claimant Theresa Morin appeals a decision of the Commissioner of Labor and Industry, holding that she is not entitled to receive a cost of living adjustment to her workers’ compensation permanent total disability benefits. The Commissioner found that cost of living increases to permanent total disability benefits under 21 V.S.A. § 650(d) were not available if the resulting benefit amount’ would be greater than claimant’s average weekly wage at the time of her injury, and, on this basis, denied claimant’s cost of living increase. We reverse.

¶ 2. Claimant was injured in 1990 when she fell…