Commissioner analysis (Vermont) · Go Syfert
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Commissioner analysis in Vermont

8 Vermont opinions name it 1 courts 1989–2017 0 in the last five years

The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
In re Jon Porter, M.D.green
vt · 2012 · cited in 1 Vermont opinions naming this issue, 2017–2017
2 sentences

2017See In re Porter , 2012 VT 97 , ¶ 10, 192 Vt. 601 , 70 A.3d 915 ("We first look to the plain language of the statute.

2017See In re Porter , 2012 VT 97 , ¶ 10, 192 Vt. 601 , 70 A.3d 915 ("We first look to the plain language of the statute.

11
Reynold Floyd Reep v. United Statesgreen
ca9 · 1977 · cited in 1 Vermont opinions naming this issue, 2008–2008
2 sentences

2008See Reep v. United States, 557 F.2d 204, 208 (9th Cir.1977) (Federal Tort Claims Act case is stayed pending coverage determination by agency under the Federal Employees Compensation Act). ¶ 15.

2008See Reep v. United States, 557 F.2d 204, 208 (9th Cir. 1977) (Federal Tort Claims Act case is stayed pending coverage determination by agency under the Federal Employees Compensation Act). ¶ 15.

11
Hinesburg Sand & Gravel Co. v. Stategreen
vt · 1997 · cited in 1 Vermont opinions naming this issue, 2005–2005
2 sentences

2005Therefore, to have standing under 21 V.S.A. § 1337a(a), a party must show an “invasion of a legally protected interest,” Hinesburg Sand & Gravel Co. v. State, 166 Vt. 337, 341 , 693 A.2d 1045, 1048 (1997) (quotations omitted), resulting from a DET administrative determination. ¶ 4.

2005Therefore, to have standing under 21 V.S.A. § 1337a(a), a party must show an “invasion of a legally protected interest,” Hinesburg Sand & Gravel Co. v. State, 166 Vt. 337, 341 , 693 A.2d 1045, 1048 (1997) (quotations omitted), resulting from a DET administrative determination. ¶ 4.

11
In Re Dielgreen
vt · 1992 · cited in 1 Vermont opinions naming this issue, 2005–2005
2 sentences

2005Under § 1337a(a), an employer has standing to petition the Commissioner for a hearing before a referee only if it is “aggrieved by an administrative determination.” In applying other statutes that extend private remedies or appeal rights to “aggrieved” parties, we have “applied general standing doctrine,” which requires that plaintiff suffer an “injury in fact.” Blum v. Friedman, 172 Vt. 622, 624 , 782 A.2d 1204, 1207 (2001) (mem.) (addressing 1 V.S.A. § 314(b), the private remedy provision of the open meeting law); see also In re Diel, 158 Vt. 549, 552 , 614 A.2d 1223, 1225-26 (1992) (finding

2005Under § 1337a(a), an employer has standing to petition the Commissioner for a hearing before a referee only if it is “aggrieved by an administrative determination.” In applying other statutes that extend private remedies or appeal rights to “aggrieved” parties, we have “applied general standing doctrine,” which requires that plaintiff suffer an “injury in fact.” Blum v. Friedman, 172 Vt. 622, 624 , 782 A.2d 1204, 1207 (2001) (mem.) (addressing 1 V.S.A. § 314(b), the private remedy provision of the open meeting law); see also In re Diel, 158 Vt. 549, 552 , 614 A.2d 1223, 1225-26 (1992) (finding

11
Blum v. Friedmangreen
vt · 2001 · cited in 1 Vermont opinions naming this issue, 2005–2005
2 sentences

2005Under § 1337a(a), an employer has standing to petition the Commissioner for a hearing before a referee only if it is “aggrieved by an administrative determination.” In applying other statutes that extend private remedies or appeal rights to “aggrieved” parties, we have “applied general standing doctrine,” which requires that plaintiff suffer an “injury in fact.” Blum v. Friedman, 172 Vt. 622, 624 , 782 A.2d 1204, 1207 (2001) (mem.) (addressing 1 V.S.A. § 314(b), the private remedy provision of the open meeting law); see also In re Diel, 158 Vt. 549, 552 , 614 A.2d 1223, 1225-26 (1992) (finding

2005Under § 1337a(a), an employer has standing to petition the Commissioner for a hearing before a referee only if it is “aggrieved by an administrative determination.” In applying other statutes that extend private remedies or appeal rights to “aggrieved” parties, we have “applied general standing doctrine,” which requires that plaintiff suffer an “injury in fact.” Blum v. Friedman, 172 Vt. 622, 624 , 782 A.2d 1204, 1207 (2001) (mem.) (addressing 1 V.S.A. § 314(b), the private remedy provision of the open meeting law); see also In re Diel, 158 Vt. 549, 552 , 614 A.2d 1223, 1225-26 (1992) (finding

11
Campbell v. Heinrich Savelberg, Inc.green
vt · 1980 · cited in 1 Vermont opinions naming this issue, 1996–1996
2 sentences

1996In Campbell v. Heinrich Savelberg, Inc., we held that “the aggravation or acceleration of a pre-existing condition can constitute a personal injury by accident under the Act.” 139 Vt. 31, 35-36 , 421 A.2d 1291, 1294 (1980).

1996In Campbell v. Heinrich Savelberg, Inc., we held that “the aggravation or acceleration of a pre-existing condition can constitute a personal injury by accident under the Act.” 139 Vt. 31, 35-36 , 421 A.2d 1291, 1294 (1980).

11
Kenney v. Rockingham School Districtgreen
vt · 1963 · cited in 1 Vermont opinions naming this issue, 1993–1993
2 sentences

1993Kenney, 123 Vt. at 347 , 190 A.2d at 704 (teacher injured in a fall while voluntarily taking extracurricular course at work situs entitled to compensation); see Rae v. Green Mt. *599 Boys Camp, 122 Vt. 437, 440 , 175 A.2d 800, 801-02 (1961) (plaintiff struck by horse’s head while holding horse by reins allowed recovery because activity, though not part of job description, was for benefit of employer and was goodwill gesture).

1993Kenney, 123 Vt. at 347 , 190 A.2d at 704 (teacher injured in a fall while voluntarily taking extracurricular course at work situs entitled to compensation); see Rae v. Green Mt. *599 Boys Camp, 122 Vt. 437, 440 , 175 A.2d 800, 801-02 (1961) (plaintiff struck by horse’s head while holding horse by reins allowed recovery because activity, though not part of job description, was for benefit of employer and was goodwill gesture).

11
Rae v. Green Mountain Boys Campgreen
vt · 1961 · cited in 1 Vermont opinions naming this issue, 1993–1993
2 sentences

1993Kenney, 123 Vt. at 347 , 190 A.2d at 704 (teacher injured in a fall while voluntarily taking extracurricular course at work situs entitled to compensation); see Rae v. Green Mt. *599 Boys Camp, 122 Vt. 437, 440 , 175 A.2d 800, 801-02 (1961) (plaintiff struck by horse’s head while holding horse by reins allowed recovery because activity, though not part of job description, was for benefit of employer and was goodwill gesture).

1993Kenney, 123 Vt. at 347 , 190 A.2d at 704 (teacher injured in a fall while voluntarily taking extracurricular course at work situs entitled to compensation); see Rae v. Green Mt. *599 Boys Camp, 122 Vt. 437, 440 , 175 A.2d 800, 801-02 (1961) (plaintiff struck by horse’s head while holding horse by reins allowed recovery because activity, though not part of job description, was for benefit of employer and was goodwill gesture).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Bedini v. Frost green
vt · 1996
2 sentences

2003The sole issue on appeal in that case was whether we should defer to the Commissioner’s standard requiring those making so-called mental-mental claims to “ ‘show that the stresses at work were of a significantly greater dimension than the daily stresses encountered by all employees.’ ” Id. at 169 , 678 A.2d at 894 (quoting Commissioner).

2003The sole issue on appeal in that case was whether we should defer to the Commissioner’s standard requiring those making so-called mental-mental claims to “ ‘show that the stresses at work were of a significantly greater dimension than the daily stresses encountered by all employees.’ ” Id. at 169 , 678 A.2d at 894 (quoting Commissioner).

12003–2003
Sheltra v. Vermont Asbestos Group neutral
vt · 2003
2 sentences

2003Asbestos Group, 2003 VT 22 , 175 Vt. 499 , 820 A.2d 211 (mem.) (reversing Commissioner’s decision), we affirm because plaintiffs claim in this case was not time-barred, and 21 V.S.A. § 660(b) was properly applied. ¶ 2.

2003Asbestos Group, 2003 VT 22 , 175 Vt. 499 , 820 A.2d 211 (mem.) (reversing Commissioner’s decision), we affirm because plaintiffs claim in this case was not time-barred, and 21 V.S.A. § 660(b) was properly applied. ¶ 2.

12003–2003
In Re CB green
vt · 1986
2 sentences

1989The district court granted the Commissioner’s motion in limine to limit evidence to the issues identified in the judicial review statute, 18 V.S.A. § 8834(e), and to exclude evidence on the Department’s lack of resources, citing In re C.B., 147 Vt. 378 , 518 A.2d 366 (1986), and In re A.C., 144 Vt. 37 , 470 A.2d 1191 (1984).

1989In C.B., the Court held that the Commissioner could assert a lack-of-resources defense. 147 Vt. at 384 , 518 A.2d at 371 .

11989–1989
State v. Lafayette green
vt · 1987
2 sentences

1989After granting the Commissioner’s motion, the trial court denied C.H.’s motion to take an interlocutory appeal, stating that it failed to meet the V.R.A.P. 5 criteria and citing State v. Lafayette, 148 Vt. 288 , 532 A.2d 560 (1987).

1989After granting the Commissioner’s motion, the trial court denied C.H.’s motion to take an interlocutory appeal, stating that it failed to meet the V.R.A.P. 5 criteria and citing State v. Lafayette, 148 Vt. 288 , 532 A.2d 560 (1987).

11989–1989
In Re AC green
vt · 1984
1 sentence

1989The district court granted the Commissioner’s motion in limine to limit evidence to the issues identified in the judicial review statute, 18 V.S.A. § 8834(e), and to exclude evidence on the Department’s lack of resources, citing In re C.B., 147 Vt. 378 , 518 A.2d 366 (1986), and In re A.C., 144 Vt. 37 , 470 A.2d 1191 (1984).

11989–1989
In re A. C. green
vt · 1984
1 sentence

1989The district court granted the Commissioner’s motion in limine to limit evidence to the issues identified in the judicial review statute, 18 V.S.A. § 8834(e), and to exclude evidence on the Department’s lack of resources, citing In re C.B., 147 Vt. 378 , 518 A.2d 366 (1986), and In re A.C., 144 Vt. 37 , 470 A.2d 1191 (1984).

11989–1989
In re C. B. green
vt · 1986
2 sentences

1989The district court granted the Commissioner’s motion in limine to limit evidence to the issues identified in the judicial review statute, 18 V.S.A. § 8834(e), and to exclude evidence on the Department’s lack of resources, citing In re C.B., 147 Vt. 378 , 518 A.2d 366 (1986), and In re A.C., 144 Vt. 37 , 470 A.2d 1191 (1984).

1989In C.B., the Court held that the Commissioner could assert a lack-of-resources defense. 147 Vt. at 384 , 518 A.2d at 371 .

11989–1989

Statutes the citing opinions construe

VT § Vt. Stat. Ann. tit. 21, § 618 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 40 (1935–2025) NY 34 (1895–2026) CA 28 (1936–2025) CT 25 (1919–2018) NJ 23 (1968–2025) VA 17 (1851–2022) IL 13 (1920–2010) MA 13 (1919–2016) MN 11 (1976–2025) WV 9 (1933–2015) ME 9 (1945–2017) VT 8 (1989–2017) MD 7 (1975–2013) TN 7 (1963–2013) IA 6 (1957–2024) IN 6 (1996–2026) LA 6 (1945–1994) GA 6 (1979–2024) OR 5 (1968–1983) WA 5 (2003–2025) PA 5 (1980–1993) NC 4 (1980–2020) NM 4 (1972–2012) MT 4 (1972–2026) KY 4 (1920–2013) DE 3 (1984–2025) UT 3 (2006–2017) MI 3 (1875–2013) WI 3 (1938–1977) FL 3 (1976–2010) AR 3 (1992–2008) AZ 2 (2010–2010) CO 2 (1960–2001) OH 2 (2011–2013) OK 2 (1980–2010) AL 2 (1987–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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