Title 21, Title 21: Labor

§ 660a. Electronic filing of reports of injury (a) As used in this section: (1) “Electronic data interchange” or “EDI technology” means the computer-to-computer exchange of business transactions in a standardized structured electronic format. (2) “Implementation plan” means the w…

§ 661. Limitation of time as regards minors and persons with a mental condition or psychiatric disability Limitation of time provided by this chapter shall not run as against any person who is incompetent or a minor dependent so long as such person has no guardian. (Amended 2013,…

§ 662. Agreements; required payments in absence of (a)(1) If the employer and an injured employee or the dependents of a deceased employee enter into an agreement regarding compensation payable under the provisions of this chapter, a memorandum of the agreement shall be filed wit…

§ 663. Hearings, where held; decision (a) If the compensation is not fixed by agreement, either party may apply to the Commissioner for hearing and award in the premises who shall set a time and place for hearing and give at least six days’ notice thereof to the parties. The hear…

§ 663a. Workers’ compensation dispute mediation (a) The Commissioner shall require mediation in certain workers’ compensation disputes. In each case, after a request for formal hearing has been filed, in accordance with the rule, the Commissioner may determine whether the dispute…

§ 663b. Fraud (a) Any claims of fraud submitted to the Department shall require action by the Commissioner to determine if further investigation is warranted. The Commissioner shall order the insurer to investigate specific allegations of claimant fraud and submit a written repor…

§ 664. Trial and award Within 60 days after a hearing is held, the Commissioner shall make an award supported by findings of fact and the applicable law and shall send a copy of the award to the parties. If the employee prevails at the hearing, the Commissioner’s findings shall i…

§ 666. Manner of giving notice of hearing Notices of hearings under the provisions of this chapter shall be given to the employee, employer, and to the insurance carrier. Such notice shall be given by delivering it or by sending it by mail, addressed to the employee, employer, an…

§ 667. Examination by independent medical examiners (a)(1) When a dispute exists regarding the reasonableness and necessity of treatment for an injury, or regarding the claimant’s ability to perform suitable work, including light duty work, or regarding any other medical issue, t…

§ 668. Modification of awards Upon the Commissioner’s own motion or upon the application of any party in interest upon the ground of a change in the conditions, or whenever doubts have arisen as to the jurisdiction of the Commissioner at the time the petition was presented, the C…

§ 669. Finality of award An award of the Commissioner shall, in the absence of fraud, be conclusive between the parties except as provided in section 668 of this chapter, unless the award is appealed pursuant to sections 670 and 672 of this chapter. (Amended 2023, No. 85 (Adj. Se…

§ 670. Appeals to Superior Court Within 30 days after copies of an award have been sent as provided by this chapter, either party may appeal to the Superior Court of a county in which a civil action between the parties would be triable. Either party shall be entitled to a trial b…

§ 671. Jurisdiction; findings for new award The jurisdiction of the Superior Court shall be limited to a review of questions of fact or questions of fact and law certified to it by the Commissioner. Upon completion of the case in Superior Court, either after trial or upon remand …

§ 672. Appeals to the Supreme Court If an appeal is not taken under the provisions of section 670 of this chapter within the time provided, either party may transfer the cause to the Supreme Court. The jurisdiction of the Court shall be limited to a review of questions of law cer…

§ 673. Appeal in case of fraud, accident, or mistake On petition and proof and in its discretion, the Supreme Court or Superior Court may grant leave to enter an appeal from an order of the Commissioner of Labor in cases where the petitioner has been prevented by fraud, accident,…

§ 674. Service of petition A petition pursuant to section 673 of this chapter shall not be sustained unless served on the adverse party within 21 days after the date of the petition and within two years after the last date upon which the appeal might have been entered in court. (…

§ 675. Enforcement of award (a) If an award is made under the provisions of this chapter, including interim orders, issued pursuant to sections 643a and 662 of this title, or an agreement is approved by the Commissioner, and the employer or insurance carrier fails to comply with …

§ 676. Revision of decrees Upon the filing with it of a certified copy of a decision of the Commissioner ending, diminishing, or increasing compensation previously awarded, a Superior Court that has rendered judgment as provided by this chapter shall revoke or modify its prior ju…

§ 677. New hearings; when granted; procedure The Commissioner may grant a new hearing in a cause determined by him or her on the ground of newly discovered evidence when a petition, setting forth the substance of such evidence, verified by the oath of the petitioner, is presented…

§ 678. Costs; attorney’s fees (a) Costs shall not be taxed or allowed either party except as provided in this section. (b)(1) When a claimant prevails in either a formal or informal proceeding under this chapter, the Commissioner shall award the claimant necessary costs incurred …

§ 679. Fees of sheriffs and witnesses Sheriffs and witnesses shall receive the same fees for the service of process and attendance before the Commissioner as are paid sheriffs and witnesses in Superior Court. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

§ 680. Preferences All rights of compensation granted by the provisions of this chapter shall have the same preference or priority against the assets of the employer or the property of any persons described in subsection 687(b) of this title as is allowed by 9 V.S.A. § 1972. (Ame…

§ 681. Claims not assignable Claims for compensation under the provisions of this chapter shall not be assignable. Compensation and claims for compensation shall be exempt from all claims of creditors, except as provided in section 682 of this chapter. (Amended 2023, No. 85 (Adj.…

§ 682. Liens against compensation Claims of physicians and hospitals for services rendered under the provisions of this chapter and claims of attorneys for services rendered an employee in prosecuting a claim under the provisions of this chapter shall be approved by the Commissio…

§ 687. Security for compensation (a) Employers, not including State, county, or municipal bodies, shall secure compensation for their employees in one or more of the following ways: (1) By insuring and keeping insured the payment of such compensation with any corporation or recip…

§ 687a. Self-insurance by associations (a) Any association that has been in existence in this State for five or more continuous years may establish and maintain a nonprofit corporation to secure workers’ compensation insurance for employees of participating member employers and f…

§ 688. Administrative penalties; insurance company’s license suspended (a) The Commissioner, after notice and opportunity for a hearing, may assess administrative penalties of not more than $5,000.00 against any employer, insurance company, or their agents that the Commissioner f…

§ 689. Employer compelled to insure If an employer who secures the payment of compensation under the provisions of subdivision 687(3) of this chapter neglects or refuses to comply with the reasonable rules of the Commissioner or neglects and refuses to promptly adjust and pay all…

§ 690. Certificate, form; copy of policy (a) An employer subject to the provisions of this chapter who has workers’ compensation insurance coverage pursuant to section 687 or 689 of this title shall file with the Commissioner a certificate of the insurance in a form prescribed by…

§ 691. Posting of notice of compliance An employer who has complied with the provisions of this chapter relating to securing the payment of compensation to the employer’s employees and their dependents shall post and maintain, in a conspicuous place in and about each of the emplo…

§ 691a. Posting of safety records (a) In support of the State’s fundamental interest in ensuring the well-being of employees and employers, it is the intent of the General Assembly to improve the safety experience in the workplace. (b) An employer subject to the provisions of thi…

§ 692. Penalties; failure to insure; stop work orders (a) Failure to insure. If after a hearing under section 688 of this title, the Commissioner determines that an employer has failed to comply with the provisions of section 687 of this title, the employer shall be assessed an a…

§ 693. The insurance contract (a) Every policy of insurance and every guarantee contract covering the liability of an employer for compensation shall cover the entire liability of the employer to the employees covered by the policy or contract and also shall contain a provision s…

§ 694. Knowledge of employer to affect insurance carrier Policies and contracts of insurance under this chapter shall contain provisions providing that: (1) notice or knowledge of the occurrence of an injury on the part of the employer shall be deemed notice or knowledge, as the …

§ 695. Insolvency of employer not to release insurance carrier Policies and contracts of insurance under this chapter shall contain a provision to the effect that the insolvency or bankruptcy of the employer and the employer’s discharge in bankruptcy shall not relieve the insuran…

§ 696. Cancellation of insurance contracts A policy or contract shall not be cancelled within the time specified in the policy or contract for its expiration, until at least 45 days after a notice of intention to cancel the policy or contract, on a date specified in the notice, h…

§ 697. Notice of intent not to renew policy An insurance carrier who does not intend to renew a workers’ compensation insurance policy or guarantee contract covering the liability of an employer under the provisions of this chapter shall give notice of its intention to the Commis…

§ 698. Insurance by State and municipalities The State and municipalities that are liable to their employees for compensation under the provisions of this chapter may insure with an authorized insurance carrier.

§ 699. Employees not to pay for insurance An agreement by an employee to pay any portion of the cost of insurance of any kind maintained or carried by an employer for the purpose of securing compensation under the provisions of this chapter shall be void. An employer who makes a …

§ 700. Examination of policy At the request of a holder of a policy of workers’ compensation insurance, the Commissioner of Financial Regulation shall examine the policy to determine whether the proper assignment has been made as to classification, rates, and advance premium char…

§ 701. Reports of accidents by employers (a) Every employer liable to pay compensation under the provisions of this chapter shall keep a record of all injuries, fatal or otherwise, sustained by the employer’s employees in the course of their employment and shall report such an in…

§ 702. Contents; penalty (a) Reports submitted pursuant to section 701 of this chapter shall state: (1) the name and nature of the business of the employer; (2) the location of the place where the accident occurred; (3) the name, age, sex, wages, and occupation of the injured emp…

§ 703. Reports of payments made by employers Within 60 days after disability, such employer or other party liable to pay the compensation provided for by this chapter shall file with the Commissioner a statement showing the total payments made or to be made for compensation and f…

§ 704. Reports; penalty (a) An employer upon written request of the Commissioner sent by certified mail, shall file on forms provided by the Commissioner such statistical information regarding employments, accidents arising out of or in the course of employment, and safety in emp…

§ 705. Registration; penalty Employers shall register with the Department of Labor, on forms provided by it, when commencing or ceasing business operations in the State and no fee shall be required by the State for that registration. An employer who refuses or neglects to registe…

§ 706. Construction The provisions of sections 704 and 705 of this chapter shall not be applicable to persons operating farms for agricultural purposes. (Amended 2023, No. 85 (Adj. Sess.), § 155, eff. July 1, 2024.)