Summary Judgment Granted

In a Decision issued December 8, 2017, the Vermont Department of Labor granted Defendant’s Motion for Summary Judgment, denying Claimant’s claims for medical benefits referable to a compensable work injury and for temporary disability benefits.    The Commissioner concluded claimant produced insufficient evidence to make out a prima facie case for either claim.  See Vohnoutka v. Ronnie’s Cycle Sales of Bennington, Inc., Opinion No. 16-17WC (December 8, 2017). 

This matter involves a 2013 injury which is also the subject of two prior reported decisions.  In Vohnoutka v. Ronnie’s Cycle Sales of Bennington, Inc., Opinion No. 01-16WC (January 25, 2016), the Department granted in part and denied in part Defendant’s motion for summary judgment.   At that time, the Department denied Mr. Vohnoutka’s claim for temporary disability benefits from the date of injury until December 9, 2014, granting summary judgment to Defendant.   However, the Department also denied summary judgment on the question of whether or not claimant suffered a compensable work-related injury and his claims for other benefits (including temporary disability benefits) for any period after December 9, 2014.    

The matter proceeded to formal hearing in April 2016 after which the Department ruled claimant suffered a compensable work-related injury for which he was entitled to medical benefits.   Vohnoutka v. Ronnie’s Cycle Sales of Bennington, Inc., Opinion No. 16-17WC (November 7, 2016)    In that same decision, the Commissioner denied Mr. Vohnoutka’s claim for temporary disability benefits from December 9, 2014 to the date of that decision.   

Attorney Bill Blake represented Defendant at the time of the first published decision.   Attorney Jennifer Meagher represented Defendant at formal hearing and in the subsequent motion practice.