(a) In case of an injury enumerated in section 644 of this title, the employer shall pay to the injured employee 66⅔ percent of the employee’s average
weekly wages, computed as provided in section 650 of this title and subject to the maximum and minimum weekly compensation rates, for the duration
of the employee’s permanent total disability, but in no event shall the employee receive
benefits for less than 330 weeks. Benefits under this section shall continue beyond
330 weeks if the injury results in the loss of actual earnings or earning capacity
after the injured employee is as far restored as the permanent character of the injuries
will permit and results in the employee having no reasonable prospect of finding regular
employment.
(b) The amount of compensation payable under this section shall not include the payment
of compensation under sections 640, 642, and 646. However, the payment of compensation
under this section shall not occur until after the termination of compensation under
section 642 or 646, or both. (Amended 1959, No. 191, § 3; 1963, No. 191, § 4; 1965, No. 67, § 3; 1967, No. 122, § 7; 1977, No. 182 (Adj. Sess.), § 11, eff. May 3, 1978; 1981, No. 204 (Adj. Sess.), § 7.)
Wolfe v. Yudichak, 571 A.2d 592 (Vt. 1990). · cites it 2דThe statute provides that the average weekly wage of a volunteer fireman injured in his duties as a fireman "shall be his average weekly wage in his regular employment.”
Bishop v. Town of Barre, 442 A.2d 50 (Vt. 1982). “See 21 V.S.A. § 645. Therefore, benefits for back impairments are calculated on the basis of the percentage of disability caused to the “whole man.”
Sanz v. Douglas Collins Constr., 2006 VT 102 (Vt. 2006). “On August 20, 2004, employer agreed to permanent total disability benefits, entitling claimant to at least 330 weeks of benefits, 21 V.S.A. § 645(a), but would not agree to pay those benefits in a lump sum as claimant requested.”
Fleury v. Kessel/Duff Constr. Co., 533 A.2d 1197 (Vt. 1987). “122, § 1) (defines limit of compensation as 330 weeks); 21 V.S.A. § 645 (as amended by 1967, No. 122, § 7) (the total amount payable in compensation on account of an accident to one person resulting in permanent total disability shall not exceed the limit of compensation); 21 V.”
— Vt. Stat. Ann. tit. 21, § 645(a) — 1 case
Sanz v. Douglas Collins Constr., 2006 VT 102 (Vt. 2006). “On August 20, 2004, employer agreed to permanent total disability benefits, entitling claimant to at least 330 weeks of benefits, 21 V.S.A. § 645(a), but would not agree to pay those benefits in a lump sum as claimant requested.”
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