Savage v. Georgia Pacific
June 26, 2013
Gradual Injury Apportionment
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.