Narrative Opinion Summary
Champion International appeals a workers’ compensation order regarding the allocation of permanent total disability benefits among Champion International, its carrier Aetna Life Casualty Insurance Company, St. Regis Paper Company, and Wausau Insurance Company. The court affirmed the judge's findings that the first accident contributed 25% and the second accident contributed 75% to the claimant's current disability. It also upheld the judge's decision requiring Wausau to reimburse Aetna for only 25% of the maximum compensation rate applicable in 1978, referencing precedent cases for support. However, the court identified an error in the judge's failure to allocate responsibility for awarded attorney’s fees between the two carriers. Consequently, that part of the order was reversed and remanded for further consideration. Judge Smith concurred, while Judge Wentworth specially concurred with a written opinion.
Legal Issues Addressed
Allocation of Attorney’s Feessubscribe to see similar legal issues
Application: The court identified an error in the judge's failure to allocate responsibility for attorney’s fees between the carriers, necessitating further review.
Reasoning: However, the court identified an error in the judge's failure to allocate responsibility for awarded attorney’s fees between the two carriers.
Allocation of Permanent Total Disability Benefitssubscribe to see similar legal issues
Application: The court reviewed the allocation of permanent total disability benefits between multiple responsible parties based on their contribution to the claimant's disability.
Reasoning: The court affirmed the judge's findings that the first accident contributed 25% and the second accident contributed 75% to the claimant's current disability.
Reimbursement of Compensation Ratessubscribe to see similar legal issues
Application: The court upheld the decision requiring reimbursement based on a specific percentage of the maximum compensation rate from the year of the accident.
Reasoning: It also upheld the judge's decision requiring Wausau to reimburse Aetna for only 25% of the maximum compensation rate applicable in 1978, referencing precedent cases for support.
Reversal and Remand for Further Considerationsubscribe to see similar legal issues
Application: The court reversed and remanded the order regarding attorney’s fees allocation for additional proceedings.
Reasoning: Consequently, that part of the order was reversed and remanded for further consideration.