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Kennecott Corporation v. Industrial

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eBook details

  • Title: Kennecott Corporation v. Industrial
  • Author : Supreme Court of Vermont
  • Release Date : January 05, 1987
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

Plaintiff, Kennecott Corporation (Kennecott), appeals from the Industrial Commissions Order finding Kennecott responsible for injuries Russell B. Davis sustained in 1969, 1976 and 1984. Kennecott claims that: 1) the Industrial Commission (Commission) lacked jurisdiction to award Mr. Davis compensation for his 1969 and 1976 injuries due to his failure to file the requisite claims for compensation; 2) Kennecott should not be responsible for Mr. Davis medical expenses resulting from the 1969 injury; and 3) Kennecotts due process rights were violated when the administrative law Judge, without giving any advance notice, considered Mr. Davis 1969 and 1976 injuries. We find that the Commission had jurisdiction to award Mr. Davis compensation for his 1969 and 1976 injuries but that the Commission violated Kennecotts due process rights by considering those injuries without giving Kennecott proper notice. We therefore reverse and remand for further proceedings on the 1969 and 1976 injuries, including a determination of whether Kennecott is responsible for medical expenses stemming from the 1969 injury.


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