Name

Savage v. Georgia Pacific

Insurance Company

ESIS

Date Decided

June 26, 2013

Panel Members

Garry Greene

Sue Jerome

Evelyn Knopf

Categories

Gradual Injury

Tags

Gradual Injury Apportionment

File Size

146 KB

Download

Summary from the Troubh Heisler Attorneys

Savage worked for GP and suffered a severe injury when a valve exploded, burning his face, back and arms, and injuring his knee and ankle when he jumped from them platform. He had surgeries and was out of work 14 months. He then returned to work at GP. After Domtar acquired the mill in 2001, Savage continued working potentially aggravating his prior conditions. Savage filed petitions against GP, which filed a petition against Domtar alleging a new gradual injury. Judge Pelletier found that GP had not met its burden of proving a new injury and denied his petition. Domtar appealed, but the Appellate Division upheld his decision, analyzing the case as per Derrig and McAdam.

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