Tuition benefits provided by employer are an “other advantage” that constitute part of claimant’s wages for purposes of workers compensation award.

Haller v. Champlain College, 2017 VT 86 [filed 9/29/2017]

ROBINSON, J. The question in this workers’ compensation case is whether employer Champlain College is obligated to include in claimant Kimberly Haller’s average weekly wage calculation the value of tuition-free college credits she earned in accordance with employer’s graduate tuition policy. On cross-motions for summary judgment, the Commissioner of the Department of Labor concluded that the tuition benefits provided by employer and used by claimant was an “other advantage” that constituted part of claimant’s wages. 21 V.S.A. § 601(13). We agree and affirm.

EATON, J., dissenting. The tuition benefit at issue in this case is not provided to claimant as part of her remuneration and should not be included in the calculation of claimant’s average weekly wage. The majority’s decision conflicts with the plain language of the Workers’ Compensation Act and with controlling case law, and represents a vast judicial expansion of the definition of wages. For these reasons, I dissent. I am authorized to state that Justice Skoglund joins this dissent