Appeal of Thomas Phillips

Petitioner Thomas Phillips appealed a New Hampshire Compensation Appeals Board (CAB) decision denying him recovery under the Workers’ Compensation Law. The CAB ruled that petitioner was not entitled to benefits because he had failed to timely notify his employers, Norman and Diane Crocker, of his claim. Furthermore, the CAB ruled that petitioner was not entitled to benefits because, unbeknownst to the Crockers, he was intoxicated at the time of his injury. In 2006, petitioner and his wife lived in a trailer that they rented from the Crockers. As part of the lease agreement, the petitioner performed yard work and minor home repairs for the Crockers in exchange for a rent reduction. Mr. Crocker asked petitioner to remove a tree branch that was growing near the Crockers’ house. The next day, petitioner fell from a ladder while cutting the branch with a chainsaw. As a result of the fall, petitioner was rendered a quadriplegic. Petitioner filed a claim for workers’ compensation benefits, identifying the Crockers as his employer. The Crockers were insured under a homeowner’s insurance policy issued by State Farm Fire and Casualty Company (State Farm) that included workers’ compensation coverage for domestic employees. State Farm denied petitioner workers’ compensation benefits. The New Hampshire Department of Labor (DOL) Hearing Officer determined that petitioner was entitled to benefits. State Farm appealed to the CAB. Upon review, the Supreme Court affirmed in part, reversed in part and remanded for further proceedings: (1) the CAB misapplied the governing New Hampshire case law to the petitioner’s claim; (2) petitioner’s claim was not time barred; and (3) a factual question remained whether petitioner's injury was caused in whole or in part by his intoxication. View "Appeal of Thomas Phillips" on Justia Law