Workers Compensation. Commissioner erred in failing to address whether there was a valid claim for workers’ compensation and in barring the claim under § 649 because claimant was intoxicated at the time his injury.

Cyr v. McDermott's, Inc. (2008-290) (05-Mar-2010) 2010 VT 19 (Skoglund, J.) (Reiber, C.J., dissenting joined by Justice Burgess.)
The workers’ compensation structure in Vermont is meant to provide employees with reliable compensation for work-related injuries while limiting employer liability to legitimate harm arising out of, and in the course of, employment. Claimant Henri Cyr worked for McDermott’s, Inc., a hauling company that transports milk in bulk from farms to creameries. He was employed as a part-time mechanic’s helper, keeping the maintenance garage clean and occasionally servicing trucks. After accidentally drinking a caustic agent used to clean the milk trucks, he suffered severe internal chemical burns. He filed a claim for workers’ compensation under Title 21, chapter 9 of the Vermont Statutes. The Commissioner of Labor granted summary judgment to employer, finding claimant was intoxicated at the time his injury occurred and, thus, compensation was not allowed under 21 V.S.A. § 649. On appeal, claimant contends the Commissioner misapplied § 649. We conclude that the Commissioner erred in failing to address the threshold question of whether there was a valid claim for workers’ compensation and in barring the claim under § 649. We reverse the Commissioner’s grant of summary judgment and remand for further proceedings.