Bishop v. Town of Barre

In October of 1973, Leroy Bishop (plaintiff) sustained a work-related back injury while employed by the Town of Barre (the town) (defendant). Bishop worked for the town on and off between 1973 and October of 1977, when he stopped working entirely. Bishop received temporary-total-disability benefits from the town until January of 1979, when the town claimed that Bishop had reached the end of his healing process. Bishop then sought permanent-disability and vocational-rehabilitation benefits. At a hearing before the Vermont Commissioner of Labor and Industry, the commissioner heard medical testimony that Bishop’s back impairment had reached maximum improvement. Bishop’s impairment was assessed at a 35 to 40 percent impairment of his spine and a 20 percent impairment to his whole person. Bishop also presented evidence that given his age, training, and educational background, he would not be able to work again. The commissioner awarded Bishop 66 weeks of permanent-partial-disability benefits, calculated based on the 20 percent impairment to Bishop’s whole person. The commissioner’s award did not address Bishop’s arguments concerning his age, training, and education. Bishop appealed the commissioner’s decision in state superior court. The court certified questions to the Vermont Supreme Court about whether the commissioner erred in calculating Bishop’s permanent-partial-disability benefits.