United States Second Circuit

Judgment for defendant on the ground that first-party insurance policy proceeds are exempted from reimbursement to the workers' compensation carrier under the plain meaning of section 624(e) of Vermont's workers' compensation law, except to prevent double recovery, is vacated as the workers' compensation carrier must be reimbursed the amount, from the combined total of the workers' compensation benefits received and the economic portion of an underinsured motorist award, that exceeds an employee's total economic damages.

Appellate Information

• Decided 12/01/2006
• Published 12/01/2006

Judges

• HOLWELL, District Judge., Before MINER, CALABRESI, Circuit Judges, HOLWELL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Stephen D. Ellis, Timothy I. Mahon, Ellis & Boxer, Springfield, VT, for Plaintiff-Appellant.


• For Appellees:
  
• Robert B. Hemley, Craig Weatherly, Gravel and Shea, Burlington, VT, for Defendant-Appellee.