reglab/housing_qa huggingface dataset:
21 V.S.A. § 632
2021 Vermont Statutes|Title 21 - Labor|Chapter 9 - Employer's Liability and Workers' Compensation|§ 632. Compensation to dependents; burial and funeral expenses

§ 632. Compensation to dependents; burial and funeral expenses|If death results from the injury, the employer shall pay to the persons entitled to compensation or, if there are none, then to the personal representative of the deceased employee, the actual burial and funeral expenses not to exceed $10,000.00 and the actual expenses for out-of-state transportation of the decedent to the place of burial not to exceed $5,000.00. Every two years, the Commissioner of Labor shall evaluate the average burial and funeral expenses in the State and make a recommendation to the House Committee on Commerce and Economic Development as to whether an adjustment in compensation is warranted. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section. The employer shall also pay to or for the benefit of the following persons, for the periods prescribed in section 635 of this title, a weekly compensation equal to the following percentages of the deceased employee's average weekly wages. The weekly compensation payment herein allowed shall not exceed the maximum weekly compensation or be lower than the minimum weekly compensation:  (1) To the spouse, if there are no dependent children, 662/3 percent. (2) To the spouse, if there is one dependent child, 712/3 percent; or if there are two or more dependent children, 762/3 percent. The compensation to the spouse shall be for the use and benefit of the spouse and of the dependent children. (3) If there is no spouse, but a dependent child or children, then to the child or children, the amount or amounts payable to a spouse with the same number of dependent children, to be divided equally among the children if more than one. (4) If there is neither spouse, nor child, but there is a dependent father or mother, then to the parent, if wholly dependent, 30 percent, or if partially dependent, 20 percent or if both parents are dependent, then one-half of the foregoing compensation to each of them. If there is no such parent, but a dependent grandparent, then to every such grandparent the same compensation as to a parent. (5) If there is neither dependent spouse, child, parent, nor grandparent, but there is a dependent grandchild, brother, or sister, or two or more of them, to the dependents 15 percent for one dependent and five percent additional for each additional dependent, with a maximum of 25 percent to be divided equally between the dependents if more than one. (Amended 1959, No. 191, § 1; 1961, No. 22; 1963, No. 191, § 1; 1965, No. 67, § 1; 1965, No. 87, § 1; 1967, No. 122, § 2; 1975, No. 177 (Adj. Sess.), § 2; 1977, No. 182 (Adj. Sess.), § 4, eff. May 3, 1978; 1985, No. 194 (Adj. Sess.), § 3; 1995, No. 107 (Adj. Sess.), § 1; 2013, No. 199 (Adj. Sess.), § 50; 2017, No. 154 (Adj. Sess.), § 27, eff. May 21, 2018.)
21 V.S.A. § 633
2021 Vermont Statutes|Title 21 - Labor|Chapter 9 - Employer's Liability and Workers' Compensation|§ 633. Apportionment of compensation

§ 633. Apportionment of compensation|The Commissioner shall, from time to time, apportion such compensation between any and all dependents named in section 632 of this title in such manner as he or she deems best and in making such apportionment he or she shall, insofar as it is possible, apportion such sum so that each dependent shall be self-supporting.
21 V.S.A. § 634
2021 Vermont Statutes|Title 21 - Labor|Chapter 9 - Employer's Liability and Workers' Compensation|§ 634. Dependents; construction

§ 634. Dependents; construction|The following persons, and they only, shall be deemed dependents and entitled to compensation under the provisions of sections 632 and 633 of this title:  (1) A child, if under 18 years of age, or incapable of self-support and unmarried, whether or not ever actually dependent upon the deceased; or a child while regularly enrolled in an approved educational or vocational training institution, who was at the time of the employee's injury or death partially or wholly dependent on the employee, regardless of age; or a child of any age who was mentally or physically disabled at the time of the employee's death and partially or wholly dependent upon him or her. (2) A spouse. (3) A parent or grandparent only if dependent, wholly or partially, upon the deceased. (4) A grandchild, brother, or sister under 18 years of age, or incapable of self-support, and wholly dependent upon the deceased employee, or who is regularly enrolled in an approved educational or vocational training institution, and was at the time of the employee's death, partially or wholly dependent upon the employee, regardless of age; or a grandchild, brother, or sister of any age who was mentally or physically disabled at the time of the employee's death and partially or wholly dependent upon him or her. The relation of dependency must exist at the time of the injury. (Amended 1967, No. 122, § 3; 1977, No. 182 (Adj. Sess.), § 5, eff. May 3, 1978; 1981, No. 204 (Adj. Sess.), § 3.)
21 V.S.A. § 635
2021 Vermont Statutes|Title 21 - Labor|Chapter 9 - Employer's Liability and Workers' Compensation|§ 635. Periods of compensation

§ 635. Periods of compensation|The compensation provided for by the provisions of this chapter shall be payable during the following periods:  (1)(A) Spouse. To a spouse until:   (i) sixty-two years of age if at that time the spouse is entitled to benefits under the Social Security Act as amended or thereafter at such time as the spouse is entitled to benefits under the Social Security Act as amended; or (ii) remarriage; or (iii) death, whichever occurs first.  (B) However, in no event shall the spouse receive less than a sum equal to 330 times the maximum weekly compensation except when the compensation terminates by reason of death.  (2) Child. To or for a child, during dependency as defined in section 634 of this title. (3) Parent or Grandparent. To a parent or grandparent, during the continuation of a condition of actual dependency, but in no case to exceed 264 weeks. (4) Grandchild or sibling. To or for a grandchild, brother, or sister, during dependency as defined in section 634 of this title, but in no case to exceed 264 weeks. (Amended 1967, No. 122, § 4; 1969, No. 120, eff. April 22, 1969; 1971, No. 158 (Adj. Sess.), § 1; 1977, No. 182 (Adj. Sess.), § 6, eff. May 3, 1978; 1985, No. 194 (Adj. Sess.), § 4; 2017, No. 74, § 40.)
21 V.S.A. § 636
2021 Vermont Statutes|Title 21 - Labor|Chapter 9 - Employer's Liability and Workers' Compensation|§ 636. Compensation for unexpired period; determined

§ 636. Compensation for unexpired period; determined|Upon the cessation of compensation under section 635 of this title to or on account of any person, the compensation of the remaining persons entitled to compensation for the unexpired part of the period during which their compensation is payable shall be that which such persons would have received if they had been the only persons entitled to compensation at the time of the decedent's death.
21 V.S.A. § 637
2021 Vermont Statutes|Title 21 - Labor|Chapter 9 - Employer's Liability and Workers' Compensation|§ 637. Death benefits; rival claimants

§ 637. Death benefits; rival claimants|Payment of death benefits by an employer in good faith to a dependent subsequent in right to another or other dependents shall protect and discharge the employer unless and until such dependent or dependents prior in right have given him notice of his, her, or their claim. In case the employer is in doubt as to the respective rights of rival claimants, he or she may apply to the Commissioner to decide between them.
21 V.S.A. § 639
2021 Vermont Statutes|Title 21 - Labor|Chapter 9 - Employer's Liability and Workers' Compensation|§ 639. Death, payment to dependents

§ 639. Death, payment to dependents|In cases of the death of a person from any cause other than the accident during the period of payments for disability or for the permanent injury, the remaining payments for disability then due or for the permanent injury shall be made to the person's dependents according to the provisions of sections 635 and 636 of this title, or if there are none, the remaining amount due, but not more than the actual burial and funeral expenses not to exceed $10,000.00 and the actual expenses for out-of-state transportation of the decedent to the place of burial not to exceed $5,000.00, shall be paid in a lump sum to the proper person. Every two years, the Commissioner of Labor shall evaluate the average burial and funeral expenses in the State and make a recommendation to the House Committee on Commerce and Economic Development as to whether an adjustment in compensation is warranted. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this section. (Amended 1961, No. 66; 1963, No. 191, § 2; 1977, No. 182 (Adj. Sess.), § 7, eff. May 3, 1978; 1985, No. 194 (Adj. Sess.), § 5; 1995, No. 107 (Adj. Sess.), § 2; 2013, No. 199 (Adj. Sess.), § 51; 2017, No. 154 (Adj. Sess.), § 28, eff. May 21, 2018.)
21 V.S.A. § 640b
2021 Vermont Statutes|Title 21 - Labor|Chapter 9 - Employer's Liability and Workers' Compensation|§ 640b. Request for preauthorization to determine if proposed treatment is necessary

§ 640b. Request for preauthorization to determine if proposed treatment is necessary|(a) Within 14 days of receiving a request for preauthorization for a proposed medical treatment and medical evidence supporting the requested treatment, a workers' compensation insurer shall:  (1) authorize the treatment and notify the health care provider, the injured worker, and the Department; or (2)(A) deny the treatment because the entire claim is disputed and the Commissioner has not issued an interim order to pay benefits; or  (B) deny the treatment if, based on a preponderance of credible medical evidence specifically addressing the proposed treatment, it is unreasonable or unnecessary. The insurer shall notify the health care provider, the injured worker, and the Department of the decision to deny treatment; or  (3) notify the health care provider, the injured worker, and the Department that the insurer has scheduled an examination of the employee or ordered a medical record review pursuant to section 655 of this title. Based on the examination or review, the insurer shall authorize or deny the treatment and notify the Department and the injured worker of the decision within 45 days of a request for preauthorization. The Commissioner may in his or her sole discretion grant a 10-day extension to the insurer to authorize or deny treatment, and such an extension shall not be subject to appeal.   (b) If the insurer fails to authorize or deny the treatment pursuant to subsection (a) of this section within 14 days of receiving a request, the claimant or health care provider may request that the Department issue an order authorizing treatment. After receipt of the request, the Department shall issue an interim order within five days after notice to the insurer, and five days in which to respond, absent evidence that the entire claim is disputed. Upon request of a party, the Commissioner shall notify the parties that the treatment has been authorized by operation of law.(c) If the insurer denies the preauthorization of the treatment pursuant to subdivision (a)(2) or (3) of this section, the Commissioner may on his or her own initiative or upon a request by the claimant issue an order authorizing the treatment if he or she finds that the evidence shows that the treatment is reasonable, necessary, and related to the work injury. (Added 2011, No. 50, § 3.)
21 V.S.A. § 640c
2021 Vermont Statutes|Title 21 - Labor|Chapter 9 - Employer's Liability and Workers' Compensation|§ 640c. Opioid usage deterrence

§ 640c. Opioid usage deterrence|(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 protect employees from the dangers of prescription drug abuse while maintaining a balance between the employee's health and the employee's expedient return to work.(b) As it pertains to workers' compensation claims, the Commissioner of Labor, in consultation with the Department of Health, the State Pharmacologist, the Vermont Board of Medical Practice, and the Vermont Medical Society, shall adopt rules consistent with the best practices governing the prescription of opioids, including patient screening, drug screening, and claim adjudication for patients prescribed opioids for chronic pain. In adopting rules, the Commissioner shall consider guidelines and standards such as the Occupational Medicine Practice Guidelines published by the American College of Occupational and Environmental Medicine and other medical authorities with expertise in the treatment of chronic pain. The rules shall be consistent with the standards and guidelines under 18 V.S.A. § 4289 and any rules adopted by the Department of Health pursuant to 18 V.S.A. § 4289. (Added 2013, No. 199 (Adj. Sess.), § 52.)
21 V.S.A. § 642
2021 Vermont Statutes|Title 21 - Labor|Chapter 9 - Employer's Liability and Workers' Compensation|§ 642. Temporary total disability benefits

§ 642. Temporary total disability benefits|Where the injury causes total disability for work, during such disability, but not including the first three days, the day of the accident to be counted as the first day, unless the employee received full wages for that day, the employer shall pay the injured employee a weekly compensation equal to two-thirds of the employee's average weekly wages, but not more than the maximum nor less than the minimum weekly compensation. In addition, the injured employee, during the disability period shall receive $10.00 a week for each dependent child who is unmarried and under the age of 21 years, provided that no other injured worker is receiving the same benefits on behalf of the dependent child or children. However, in no event shall an employee's total weekly wage replacement benefits, including any payments for a dependent child, exceed 90 percent of the employee's average weekly wage prior to applying any applicable cost of living adjustment. The amount allowed for dependent children shall be increased or decreased weekly to reflect the number of dependent children extant during the week of payment. If the total disability continues after the third day for a period of seven consecutive calendar days or more, compensation shall be paid for the whole period of the total disability. (Amended 1959, No. 191, § 2; 1963, No. 191, § 3; 1965, No. 67, § 2; 1965, No. 73; 1967, No. 122, § 6; 1971, No. 158 (Adj. Sess.), § 2; 1973, No. 64, § 3; 1977, No. 182 (Adj. Sess.), § 8, eff. May 3, 1978; 1981, No. 204 (Adj. Sess.), § 5; 1993, No. 225 (Adj. Sess.), § 6; 2003, No. 132 (Adj. Sess.), § 3, eff. May 26, 2004.)
21 V.S.A. § 642a
2021 Vermont Statutes|Title 21 - Labor|Chapter 9 - Employer's Liability and Workers' Compensation|§ 642a. Temporary total; insurer review

§ 642a. Temporary total; insurer review|The employer shall review every claim for temporary total disability benefits that continues for more than 104 weeks. No later than 30 days after 104 weeks of continuous temporary total disability benefits have been paid, the employer shall file with the Department and the claimant a medical report from a physician that evaluates the medical status of the claimant, the expected duration of the disability, and when or if the claimant is expected to return to work. If the evaluating physician concludes that the claimant has reached a medical end result, the employer shall file a notice to discontinue. (Added 2007, No. 208 (Adj. Sess.), § 13.)
21 V.S.A. § 643
2021 Vermont Statutes|Title 21 - Labor|Chapter 9 - Employer's Liability and Workers' Compensation|§ 643. Period of payments

§ 643. Period of payments|Payments shall not continue after such disability ends. (Amended 1977, No. 182 (Adj. Sess.), § 9, eff. May 3, 1978.)
21 V.S.A. § 643a
2021 Vermont Statutes|Title 21 - Labor|Chapter 9 - Employer's Liability and Workers' Compensation|§ 643a. Discontinuance of benefits

§ 643a. Discontinuance of benefits|Unless an injured worker has successfully returned to work, an employer shall notify both the Commissioner and the employee prior to terminating benefits under either section 642 or 646 of this title. The notice of intention to discontinue payments shall be filed on forms prescribed by the Commissioner and shall include the date of the proposed discontinuance, the reasons for it, and, if the employee has been out of work for 90 days, a verification that the employer offered vocational rehabilitation screening and services as required under this chapter. All relevant evidence, including evidence that does not support discontinuance in the possession of the employer not already filed, shall be filed with the notice. The liability for the payments shall continue for seven days after the notice is received by the Commissioner and the employee. If the claimant disputes the discontinuance, the claimant may file with the Commissioner an objection to the discontinuance and seek an extension of 14 days. The objection to the discontinuance shall be specific as to the reasons and include supporting evidence. A copy of the objection shall be provided to the employer at the time the request is made to the Commissioner. Those payments shall be made without prejudice to the employer and may be deducted from any amounts due pursuant to section 648 of this title if the Commissioner determines that the discontinuance is warranted or if otherwise ordered by the Commissioner. Every notice shall be reviewed by the Commissioner to determine the sufficiency of the basis for the proposed discontinuance. If, after review of all the evidence in the file, the Commissioner finds that a preponderance of all the evidence in the file does not reasonably support the proposed discontinuance, the Commissioner shall order that payments continue until a hearing is held and a decision is rendered. Prior to a formal hearing, an injured worker may request reinstatement of benefits by providing additional new evidence to the Department that establishes that a preponderance of all evidence now supports the claim. If the Commissioner's decision, after a hearing, is that the employee was not entitled to any or all benefits paid between the discontinuance and the final decision, upon request of the employer, the Commissioner may order that the employee repay all benefits to which the employee was not entitled. The employer may enforce a repayment order in any court of law having jurisdiction. (Added 1981, No. 204 (Adj. Sess.), § 6; amended 1991, No. 264 (Adj. Sess.), § 1; 1997, No. 19, § 3; 2005, No. 212 (Adj. Sess.), § 4, eff. May 29, 2006; 2009, No. 142 (Adj. Sess.), § 14, eff. June 1, 2010; 2013, No. 199 (Adj. Sess.), § 54; 2013, No. 199 (Adj. Sess.), § 54b, eff. July 1, 2018; repealed on July 1, 2023 by 2017, No. 148 (Adj. Sess.), § 4.)
21 V.S.A. § 643a
2021 Vermont Statutes|Title 21 - Labor|Chapter 9 - Employer's Liability and Workers' Compensation|§ 643a. Discontinuance of benefits

§ 643a. Discontinuance of benefits|Unless an injured worker has successfully returned to work, an employer shall notify both the Commissioner and the employee prior to terminating benefits under either section 642 or 646 of this title. The notice of intention to discontinue payments shall be filed on forms prescribed by the Commissioner and shall include the date of the proposed discontinuance, the reasons for it, and, if the employee has been out of work for 90 days, a verification that the employer offered vocational rehabilitation screening and services as required under this chapter. All relevant evidence, including evidence that does not support discontinuance in the possession of the employer not already filed, shall be filed with the notice. The liability for the payments shall continue for seven days after the notice is received by the Commissioner and the employee. Those payments shall be made without prejudice to the employer and may be deducted from any amounts due pursuant to section 648 of this title if the Commissioner determines that the discontinuance is warranted or if otherwise ordered by the Commissioner. Every notice shall be reviewed by the Commissioner to determine the sufficiency of the basis for the proposed discontinuance. If, after review of all the evidence in the file, the Commissioner finds that a preponderance of all the evidence in the file does not reasonably support the proposed discontinuance, the Commissioner shall order that payments continue until a hearing is held and a decision is rendered. Prior to a formal hearing, an injured worker may request reinstatement of benefits by providing additional new evidence to the Department that establishes that a preponderance of all evidence now supports the claim. If the Commissioner's decision, after a hearing, is that the employee was not entitled to any or all benefits paid between the discontinuance and the final decision, upon request of the employer, the Commissioner may order that the employee repay all benefits to which the employee was not entitled. The employer may enforce a repayment order in any court of law having jurisdiction. (Added 2013 No. 199 (Adj. Sess.), § 54b, eff. July 1, 2023 per 2017, No. 148 (Adj. Sess.), § 5.)
21 V.S.A. § 643b
2021 Vermont Statutes|Title 21 - Labor|Chapter 9 - Employer's Liability and Workers' Compensation|§ 643b. Reinstatement; seniority and benefits protected

§ 643b. Reinstatement; seniority and benefits protected|(a) For purposes of this section:  (1) "Employer" shall be defined as provided in section 601 of this title provided that this section shall only apply to employers who regularly employ at least 10 employees of whom at least 10 work more than 15 hours per week. (2) "Recovery" means that the worker can reasonably be expected to perform safely the duties of his or her prior position or an alternative suitable position.   (b) The employer of a worker disabled by an injury compensable under this chapter shall reinstate the worker when his or her inability to work ceases provided recovery occurs within two years of the onset of the disability. A worker who recovers within two years of the onset of the disability shall be reinstated in the first available position suitable for the worker given the position the worker held at the time of the injury.(c) Upon reinstatement a worker shall regain seniority and any unused annual leave, personal leave, sick leave, and compensatory time he or she was entitled to prior to the interruption in employment, less any leave and compensatory time used during the period of interruption.(d) The provisions of this section shall not apply if:  (1) the worker had been given notice, or had given notice, prior to sustaining the injury that employment would terminate; (2) employment would have terminated of its own terms prior to any reinstatement the worker would otherwise be entitled to under this section; (3) the worker fails to keep the employer informed of:  (A) his or her continuing interest in reinstatement; (B) his or her recovery; (C) any change of his or her mailing address.    (e) A worker aggrieved by an employer's failure to comply with the provisions of this section may bring an action in the Superior Court in the county in which the worker or the employer resides for damages, including punitive damages, for noncompliance and may apply for such equitable relief as may be just and proper under the circumstances. A copy of the complaint shall be filed with the Commissioner. The Court shall award reasonable attorney's fees to the plaintiff if he or she prevails. (Added 1987, No. 105, § 1.)