Chapman v. VIP Parts, Tires & Service

Insurance Company

Sentry Insurance Company

Date Decided

March 10, 2014

Panel Members

Garry Greene

Sue Jerome

Tom Pelletier


Board IME


IME§312 Physical Aid §206(8) Rent Knee Amputation Accommodation

File Size

223 KB


Summary from the Troubh Heisler Attorneys

Appellate Panel reverses ALJ awarding a monthly amount to Chapman to compensate for “rent premium” she allegedly paid based on need to reside in handicapped-accessible housing as a result of work-related knee injuries resulting in amputation below the knee. The Panel did not reach the issue of whether the ALJ correctly decided that increased rent for handicapped-accessible housing constitutes a “physical aid” within the meaning of §206(8). It simply found that Chapman did not meet her burden of proof that the cost should be based on the difference in rent between her pre-accessible rent and the rent for her handicapped-accessible apartment absent some evidence the difference is attributable to the unit’s accessibility.

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