Title 21, Title 21: Labor

§ 648. Permanent partial disability benefits (a) Where the injury results in a partial impairment which is permanent and which does not result in permanent total disability, compensation shall be paid during the period of total disability, as provided in sections 642 and 643 of t…

§ 649. Injuries not covered; burden of proof Compensation shall not be allowed for an injury caused by an employee’s willful intention to injure himself, herself, or another or by or during his or her intoxication or by an employee’s failure to use a safety appliance provided for…

§ 650. Payment; average wage; computation (a)(1) Average weekly wages shall be computed in such manner as is best calculated to give the average weekly earnings of the worker during the 26 weeks preceding an injury. (2) If, because of the shortness of the time during which the wo…

§ 651. Voluntary payments Payments made by an employer or his or her insurer to an injured worker during the period of his or her disability, or to his or her dependents, which, by the provisions of this chapter, were not due and payable when made, may, subject to the approval of…

§ 652. Periodical payments; lump sum payments (a) Upon application of either party, the Commissioner may authorize compensation to be paid monthly or quarterly instead of weekly, having regard to the welfare of the employee and the convenience of the employer. (b) Upon applicatio…

§ 654. Trustee in case of lump payments; appointment; expense Whenever, for any reason, the Commissioner deems it expedient, any lump sum that is to be paid as provided in section 653 of this title shall be paid by the employer to some bank, banking institution, or trust company …

§ 655. Procedure in obtaining compensation; medical examination; video and audio recording After an injury and during the period of disability, if so requested by his or her employer, or ordered by the Commissioner, the employee shall submit to examination, at reasonable times an…

§ 655a. Release of relevant medical records by health care providers; Department to oversee release and use of relevant medical information (a) Health care providers examining or attending the examination of an injured worker pursuant to this chapter shall provide relevant medica…

§ 656. Notice of injury and claim for compensation (a) A proceeding under the provisions of this chapter for compensation shall not be maintained unless a notice of the injury has been given to the employer as soon as practicable after the injury occurred, and unless a claim for …

§ 657. After court judgment against employee In case, through mistake of law or fact, a suit has been brought to recover damages in any court and final judgment is against the employee, the limitation in section 656 of this title shall not begin to run until six months after such…

§ 658. Form of notice and claim The notice and claim required under the provisions of section 656 of this title shall be in writing. Such notice shall contain the name and address of the employee; shall state in ordinary language the time, place, nature, and cause of the injury; …

§ 659. Giving of notice and making of claim A notice under the provisions of this chapter shall be given to the employer, or, if the employer is a partnership, then to any one of the partners. If the employer is a corporation, then the notice may be given to any agent of the corp…

§ 660. Sufficiency of notice of injury (a) A notice given under the provisions of this chapter shall not be held invalid or insufficient by reason of any inaccuracy in stating the time, place, nature, or cause of the injury, or otherwise, unless it is shown that the employer was …

§ 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…