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Charles L. Powell

Charles Powell’s Legal Cases

9 total

  • Desilets v Wal-Mart Stores, Inc.

    Practice Area:
    Personal Injury
    Date:
    Mar 29, 1999
    Outcome:
    Jury Verdicts for Clients
    Description:
    Wal-Mart Stores, Inc., used hidden recording devices to tape its employees' private conversations. Clients, four former employees whose conversations were recorded, sued. Finding that Wal-Mart violated Title III of the Omnibus Crime Control and Safe Streets Act of 1968 ("Act"), 18 U.S.C. § 2520, a jury awarded each plaintiff $20,000. In addition, the district judge awarded clients their reasonable attorneys' fees and costs. On remand the judgment shall be amended to reduce the liquidated damage award to each plaintiff to $10,000. The award of attorneys' fees and costs is affirmed. Affirmed in part, reversed in part and remanded.
  • J.D. v Putney Paper Company

    Practice Area:
    Personal Injury
    Date:
    Apr 08, 2008
    Outcome:
    Successful award of wage benefits
    Description:
    Client's original injury was in the nature of a “degloving” injury to his left hand and upper left extremity (“Initial Injury”). Client since developed medical problems with his right upper extremity as a consequence of the Initial Injury. Insurer denied responsibility for wage benefits during recurrent period of disability including surgery. Vermont Department of Labor decision was in favor of client.
  • L.K. v. Mt. Ascutney Resort

    Practice Area:
    Personal Injury
    Date:
    Oct 01, 2001
    Outcome:
    1.2 million structured settlement
    Description:
    Client sustained head injury after losing control on ski trail and striking base of lift tower which was inadequately padded for protection
  • Michael Shea v Worcester Insurance Co., Harleysville Insurance Co.

    Practice Area:
    Personal Injury
    Date:
    Mar 13, 2002
    Outcome:
    Successful workers' compensation case
    Description:
    "The parties agree that the analysis to be applied to this case centers on the concept of an idiopathic injury. There is general agreement that when an injury results from a condition personal to the claimant and has no connection to work, it does not arise out of employment and, therefore, is not compensable. If an instrumentality or condition of work contributed to the injury, it arises out of employment and is compensable. Between the two extremes is a third category, the unexplained fall, which most courts hold is compensable under the neutral force theory. See 1 Larsons Workers Compensation Law, Chapter 4 Scope; Dupee v. Service Merchandise, Opinion No. 31-99WC (July 28, 1999). In some situations, the employment and personal risks concur, in which case the injury arises out of the employment, since the employment need not be the primary cause, but need only contribute to the injury. Larsons, supra."
  • M.C. v Pennock Sales & Service and Comcast Corporation

    Practice Area:
    Personal Injury
    Date:
    Jan 21, 2009
    Outcome:
    Successful assertion of jurisdiction over insurer
    Description:
    In at least one recent claim, the Commissioner has shied away from exercising the authority granted by § 620 to adjudicate a claimant's right to workers' compensation benefits under another state's law, citing exactly those practical considerations. L.S. v. Dartmouth College, Opinion No. 45-05WC (August 9, 2005). The circumstances of the current claim merit a different analysis, however. The causation dispute at issue here identifies not one but two potentially liable employers, each from a different state. If the claim's adjudication is split between those two jurisdictions, the potential for inconsistent results exists.
  • John Doe v Berkley Risk Administrators et al

    Practice Area:
    Personal Injury
    Date:
    Jun 17, 2009
    Outcome:
    Lump sum settlement
    Description:
    Client struck at work by pressurized door causing back injury as well as detached retina and insurer denied responsibility. Case proceeded to trial. Workers' compensation settlement of $223,000.00 plus $113,000.00 set aside for medical expense plus lien waiver at $239,555.51 allowing separate 3rd party claim settlement of $900,000.00
  • Jacobs v Metz (PMA Insurance and Gallagher Bassett Services)

    Practice Area:
    Workers Compensation
    Date:
    Jan 13, 2012
    Outcome:
    Decision in favor of client
    Description:
    VT workers' compensation Decision and Order finding correct diagnosis of Complex Regional Pain Syndrome and awarding benefits including spinal cord stimulator surgery
  • Westover v. North Country Hospital (AmTrust Group Insurance)

    Practice Area:
    Workers Compensation
    Date:
    Jul 20, 2012
    Outcome:
    Decision and Order in favor of client
    Description:
    VT workers' compensation Decision and Order finding Complex Regional Pain Syndrome and awarding benefits and lumbar sympathetic injections
  • Veillette v. Pompanoosuc Mills Cop (Liberty Mutual Insurance Company)

    Practice Area:
    Workers Compensation
    Date:
    Sep 17, 2012
    Outcome:
    Decision and Order in favor of client
    Description:
    VT workers' compensation formal hearing Decision and Order awarding benefits, cervical spine fusion, pain prescriptions and various pain management services