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2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 659. Giving of notice and making of claim

§ 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 corporation upon whom process may be served, or to any officer of the corporation, or any agent in charge of the business at the place where the injury occurred. Such notice shall be given by delivering it or by sending it by mail by registered letter addressed to the employer at his, her, or its last known residence or place of business. The foregoing provisions shall apply to the making of a claim.
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 660. Sufficiency of notice of injury

§ 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 in fact misled to the injury as a result of the inaccuracy. Want of or delay in giving notice, or in making a claim, shall not be a bar to proceedings under the provisions of this chapter, if it is shown that the employer, the employer’s agent, or representative had knowledge of the accident or that the employer has not been prejudiced by the delay or want of notice. Proceedings to initiate a claim for a work-related injury pursuant to this chapter may not be commenced after three years from the date of injury. This section shall not be construed to limit subsequent claims for benefits stemming from a timely filed work-related injury claim.
(b) Notwithstanding subsection (a) of this section, a claim for occupational disease shall be made within two years of the date the occupational disease is reasonably discoverable and apparent. (Amended 1993, No. 225 (Adj. Sess.), § 10; 1999, No. 41, § 6; 2003, No. 132 (Adj. Sess.), § 6, eff. May 26, 2004.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 660a. Electronic filing of reports of injury

§ 660a. Electronic filing of reports of injury
(a) For the purposes of this section:
(1) “Electronic data interchange” or “EDI technology” means the computer-to-computer exchange of business transactions in the standardized structured electronic format.
(2) “Implementation plan” means the written document prepared by an insurance carrier specifying a timetable for reporting by EDI.
(3) “Reporter” means the insurer who is responsible for reporting injuries to the Department.
(b) When an insurance carrier uses electronic data interchange processes and technology, the level of record detail in the report shall be equivalent to that required in a written paper record.
(c) Each insurance carrier shall transmit data elements by electronic data interchange to the Department by the dates specified in this section. An insurance carrier shall provide complete, valid, accurate data for the data as required by this section. Each electronic transmission of data shall include appropriate header and trailer records.
(d) In order to begin EDI reporting, an insurance carrier shall submit to the Commissioner an implementation plan pursuant to rules adopted by the Department.
(e) No later than July 1, 2004, all first reports of injury shall be filed by the insurance carrier electronically. The Commissioner may grant an insurance carrier a variance if the insurance carrier documents to the satisfaction of the Commissioner that compliance would cause the insurance carrier “undue hardship,” which, for the purposes of this section, means significant difficulty or expense. (Added 2001, No. 105 (Adj. Sess.), § 1, eff. May 15, 2002.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 661. Limitation of time as regards minors and persons with a mental condition or psychiatric disability

§ 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, No. 96 (Adj. Sess.), § 138.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 663. Hearings, where held; decision

§ 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 hearing shall be held at a place designated by the Commissioner. No proposed findings of fact shall be required from the parties unless ordered by the Commissioner. If ordered, the proposed findings of fact shall be submitted within 30 days after conclusion of the hearing.
(b) The decision may include abbreviated findings of fact or conclusions of law, or both, when appropriate. (Amended 1965, No. 194, § 10; 1977, No. 182 (Adj. Sess.), § 15, eff. May 3, 1978; 2007, No. 208 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 663a. Workers’ compensation dispute mediation

§ 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 disputed issue and the parties are appropriate for mediation prior to a formal hearing and whether mediation would speed resolution of the dispute without the time and expense of a hearing. If the Commissioner determines that mediation is appropriate, the Commissioner shall order the parties to attend at least one mediation session prior to a scheduled hearing. Referring a case to mediation shall not cause a delay in setting a date for the formal hearing. The Commissioner shall, by rule, determine the procedures by which cases are selected and scheduled for mediation.
(b) The costs of mediation shall be divided evenly between the claimant and the employer, unless the parties agree otherwise. The cost of the mediation, up to the amount set by rule, shall be a cost recoverable by the claimant pursuant to section 678 of this title.
(c) The Commissioner shall select or make available a list of qualified individuals to act as mediators, which may include nonattorneys, provided they are experienced in workers’ compensation, including former Department employees and insurance adjusters. The mediators shall be compensated at rates set by rule of the Commissioner.
(d) Prior to implementing this section, the Commissioner shall consult with the Department of Labor Advisory Council established by section 1306 of this title, the workers’ compensation committees of the Vermont Bar Association and the Vermont Trial Lawyers’ Association, representatives of insurers who provide workers’ compensation coverage in Vermont, and with other appropriate parties. (Added 2007, No. 208 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 663b. Fraud

§ 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 report to the Department. Once the insurer’s report is received, the Commissioner shall afford the claimant an opportunity to respond in person or in writing within 30 days. The Commissioner may order additional information to be provided to the Department from the insurer or the claimant. The Department shall issue a determination on the fraud allegation, including penalties and any reimbursement as provided under section 708 of this title. The party may appeal the decision of the Commissioner as provided under 3 V.S.A. chapter 25.
(b) An employee found to have committed fraud in order to receive compensation under this chapter shall be ordered to repay all compensation fraudulently received in addition to other administrative penalties ordered by the Department. These payments shall not be charged to the employer for purposes of calculating its experience rating. (Added 2013, No. 199 (Adj. Sess.), § 63, eff. June 24, 2014.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 664. Trial and award

§ 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 include the date on which the employer’s obligation to pay compensation under this chapter began. The award shall include interest at the statutory rate computed from that date on the total amount of unpaid compensation. (Amended 1997, No. 19, § 4.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 666. Manner of giving notice of hearing

§ 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, and to such insurance company at his, her, or its last known residence or place of business. The foregoing provisions shall apply alike to individuals, partnerships, and corporations.
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 668. Modification of awards

§ 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 Commissioner may at any time within six years of the date of award review any award by giving at least six days’ notice thereof to the parties personally, or to the attorneys appearing in the cause. On such review, the Commissioner may make an order ending, diminishing, or increasing the compensation previously awarded, subject to the maximum or minimum provided in this chapter. If it appears that the petition for hearing was presented without previous authority or that for other reason the Commissioner did not have jurisdiction in the cause, the Commissioner may make an order striking off the award, and shall state conclusions of fact and rulings of law and immediately send to the parties a copy of the award. Such a review shall not affect any money already paid. (Amended 1993, No. 225 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 670. Appeals to Superior Court

§ 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 wherein a civil action between the parties would be triable. Either party shall be entitled to a trial by jury. (Amended 1963, No. 134, § 5, eff. June 6, 1963; 1971, No. 185 (Adj. Sess.), § 194, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 671. Jurisdiction; findings for new award

§ 671. Jurisdiction; findings for new award
The jurisdiction of such court shall be limited to a review of questions of fact or questions of fact and law certified to it by the Commissioner and upon completion of the case in Superior Court, either after trial or upon remand from the Supreme Court, the clerk shall certify the findings of the court to the Commissioner who shall thereupon make a new order in accordance therewith and shall forthwith send to each of the parties a copy of such order. Such new order shall have all the force and effect of an award made pursuant to the provisions of sections 663 and 664 of this title and shall supersede the award previously made by the Commissioner. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2017, No. 74, § 42.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 672. Appeals to the Supreme Court

§ 672. Appeals to the Supreme Court
If an appeal is not taken under the provisions of section 670 of this title within the time limited therefor, either party may transfer such cause to the Supreme Court. The jurisdiction of the Court shall be limited to a review of questions of law certified to it by the Commissioner. On such appeal or on an appeal taken as provided in sections 670 and 671 of this title and coming to the Supreme Court on appeal from Superior Court, the Supreme Court may render final judgment and award execution, or may remand the cause to the Superior Court or to the Commissioner for further findings or for new order by him or her in accordance with the mandate of the Court. The Court shall, by general rules, prescribe the procedure to be followed in case of such appeals. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 673. Appeal in case of fraud, accident, or mistake

§ 673. Appeal in case of fraud, accident, or mistake
On petition and proof and in its discretion, the Supreme 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 or mistake from taking or entering an appeal within the time allowed by law. On granting the same, the court shall order such petitioner to give sufficient security to prosecute such appeal to effect and pay such costs as are awarded against him or her. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 675. Enforcement of award

§ 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 the award or agreement, the employee, subject to the stay provisions of subsection (b) of this section, may proceed to collect all or any part of past due installments in any court of law having jurisdiction of the amount involved. If the employee prevails, interest, reasonable attorney’s fees, and costs shall be allowed.
(b) Any award or order of the Commissioner shall be of full effect from issuance unless stayed by the Commissioner, any appeal notwithstanding. Any request for a stay shall be filed with the Commissioner at the time of filing a notice of appeal. The Commissioner, after allowing the prevailing party 10 days within which to be heard in writing on the request, shall respond within 15 days to the request for stay. The response of the Commissioner shall detail his or her reasons for granting, denying, or modifying the request and shall be a part of the record on appeal. No stay shall exist unless granted pursuant to this subsection.
(c) An employer who fails to make payment due to an employee under this chapter pursuant to an executed agreement under sections 642, 644, 646, or 648 of this title or pursuant to an interim order of the Commissioner within 15 days after the payment is due shall also pay the employee interest on the unpaid compensation at the statutory rate. (Amended 1985, No. 194 (Adj. Sess.), § 7; 1997, No. 19, § 5.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 676. Revision of decrees

§ 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 which has rendered judgment as provided by this chapter shall revoke or modify its prior judgment so that it will conform to such decision. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 677. New hearings; when granted; procedure

§ 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. His or her decision in granting or denying such hearing shall be final and conclusive. If a party petitions the Commissioner for a new hearing, he or she shall give the adverse party notice of such petition by a citation signed by the Commissioner served like a summons at least 12 days before the date of such hearing. A new hearing shall not be granted on a petition unless the citation to the adverse party is served within six months after the date of the order of the Commissioner.
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 678. Costs; attorney’s fees

§ 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 in relation to the proceeding, including deposition expenses, subpoena fees, and expert witness fees.
(2) The Commissioner may allow a claimant to recover reasonable attorney’s fees when the claimant prevails.
(3) In cases for which a formal hearing is requested and the case is resolved prior to a formal hearing:
(A) the Commissioner may award reasonable attorney’s fees if the claimant retained an attorney in response to an actual or effective denial of a claim and payments were made to the claimant as a result of the attorney’s efforts; and
(B) the Commissioner shall award necessary costs if the claimant incurred the costs in response to an actual or effective denial of a claim and payments were made to the claimant as a result of the costs incurred.
(c)(1) In appeals to the Superior or Supreme Court, if the claimant prevails, the claimant shall be entitled to reasonable attorney’s fees as approved by the court; necessary costs, including deposition expenses, subpoena fees, and expert witness fees; and interest at the rate of 12 percent per annum on that portion of any award the payment of which is contested.
(2) Interest shall be computed from the date of the award of the Commissioner.
(d) By January 1, 1999 and at least every five years thereafter, the Commissioner shall amend existing rules regarding reasonable attorney’s fees awarded under subsection (a) of this section. In amending these rules, the Commissioner shall consider accessibility to legal services, appropriate inflation factors, and any other related factors consistent with the purposes of this chapter. In the event the Commissioner proposes no change in the rules in any five-year period, the Commissioner shall provide a written report to the Legislative Committee on Administrative Rules of the General Assembly explaining the reasons for not changing the rules.
(e) An attorney representing a claimant shall submit a claim for attorney’s fees and costs within 30 days following a decision in which the claimant prevails. (Amended 1961, No. 90; 1969, No. 237 (Adj. Sess.), eff. May 1, 1970; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1981, No. 165 (Adj. Sess.), § 1; 1981, No. 204 (Adj. Sess.), § 10; 1997, No. 140 (Adj. Sess.), § 1; 2007, No. 208 (Adj. Sess.), § 16, eff. June 11, 2008; 2013, No. 199 (Adj. Sess.), § 66, eff. June 24, 2014; 2023, No. 76, § 37, eff. July 1, 2023.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 679. Fees of sheriffs and witnesses

§ 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.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 680. Preferences

§ 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. (Amended 1997, No. 19, § 6.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 682. Liens against compensation

§ 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 Commissioner. When so approved they may be enforced against compensation awards in such manner as the Commissioner may direct.
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 688. Administrative penalties; insurance company’s license suspended

§ 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 finds has refused or neglected to comply with the reasonable rules and regulations of the Commissioner or any orders issued by the Commissioner, or to adjust and pay compensation and medical bills in accordance with the provisions of this chapter.
(b) The notice and opportunity for a hearing under this section shall be in accordance with 3 V.S.A. chapter 25. The Commissioner shall adopt rules regarding the amount and imposition of penalties.
(c) In addition to assessing administrative penalties, the Commissioner may refer to the Commissioner of Financial Regulation any insurance company authorized to transact workers’ compensation insurance in this State which refuses or neglects to comply with the reasonable rules and regulations of the Commissioner or which neglects or refuses to properly and promptly adjust and pay compensation and medical bills in accordance with the provisions of this chapter. If, after hearing, the Commissioner of Financial Regulation finds that the insurance company has failed to comply with the rules and regulations or orders issued by the Commissioner of Labor or has failed to properly and promptly pay compensation and medical bills as provided by this chapter, the Commissioner of Financial Regulation may take appropriate action against the insurance company as provided in Title 8. (Amended 1989, No. 225 (Adj. Sess.), § 25(b); 1993, No. 225 (Adj. Sess.), § 15; 1995, No. 180 (Adj. Sess.), § 38(a); 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 689. Employer compelled to insure

§ 689. Employer compelled to insure
If an employer who secures the payment of compensation under the provisions of subdivision 687(3) of this title neglects or refuses to comply with the reasonable rules and regulations of the Commissioner or neglects and refuses to promptly adjust and pay all compensation and medical bills as required by law, the Commissioner may cite in the employer. If on hearing it is found that such neglect or refusal is willful, the Commissioner may revoke the permission granted to such employer to secure the payment of compensation under such subdivision and compel the employer to take out insurance in an insurance company authorized to transact compensation insurance in the State in addition to penalties assessed under section 688 of this title. (Amended 1993, No. 225 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 691. Posting of notice of compliance

§ 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 his or her employees and their dependents shall post and maintain, in a conspicuous place in and about each of his or her places of business, typewritten or printed notices in form prescribed by the Commissioner stating that fact.
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 691a. Posting of safety records

§ 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 this chapter shall post a notice in the employer’s place of business to advise employees of where they may review the employer’s record of workplace safety, including workplace injury and illness data, in accordance with rules adopted by the Commissioner. The employer’s record of workplace safety, including workplace injury and illness data, shall be available for review by employees at the employer’s place of business and the Commissioner, but shall not otherwise be public information. The posting shall be in a format approved by the Commissioner. The posting may be in a format provided by the Commissioner. (Added 2013, No. 199 (Adj. Sess.), § 55.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 693. The insurance contract

§ 693. The insurance contract
Every policy of insurance and every guarantee contract covering the liability of an employer for compensation shall cover the entire liability of such employer to his or her employees covered by such policy or contract and also shall contain a provision setting forth the right of the employees to enforce, in their own names, the liability of the insurance carrier in whole or in part for the payment of such compensation, either by filing a separate claim at any time or by making at any time the insurance carrier a party to the original claim. However, the payment in whole or in part of such compensation by either the employer or the insurance carrier shall, to the extent thereof, be a bar to the recovery against the other of the amount so paid.
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 694. Knowledge of employer to affect insurance carrier

§ 694. Knowledge of employer to affect insurance carrier
Such policies and contracts shall contain a provision that, as between the employee and the insurance carrier, notice to or knowledge of the occurrence of an injury on the part of the employer shall be deemed notice or knowledge, as the case may be on the part of the insurance carrier; that jurisdiction of the employer shall, for the purpose of this chapter, be jurisdiction of the insurance carrier; and that the insurance carrier shall in all things be bound by and subject to the orders, findings, decisions, or awards rendered against the employer for the payment of compensation under the provisions of this chapter.
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 695. Insolvency of employer not to release insurance carrier

§ 695. Insolvency of employer not to release insurance carrier
Such policies and contracts shall contain a provision to the effect that the insolvency or bankruptcy of the employer and his or her discharge therein shall not relieve the insurance carrier from the payment of compensation for injuries or death sustained by an employee during the life of such a policy or contract.
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 696. Cancellation of insurance contracts

§ 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, has been filed in the office of the Commissioner and provided to the employer. The notice shall be filed with the Commissioner in accordance with rules adopted by the Commissioner and provided to the employer by certified mail. The cancellation shall not affect the liability of an insurance carrier on account of an injury occurring prior to cancellation. (Amended 1989, No. 171 (Adj. Sess.), § 9, eff. Sept. 1, 1990; 2007, No. 57, § 3; 2013, No. 199 (Adj. Sess.), § 56.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 697. Notice of intent not to renew policy

§ 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 Commissioner and the covered employer at least 45 days prior to the expiration date stated in the policy or contract. The notice shall be given to the employer by certified mail. An insurance carrier who fails to give notice shall continue the policy or contract in force beyond its expiration date for 45 days from the day the notice is received by the Commissioner and the employer. However, if, on or before the expiration of the existing insurance or guarantee contract the insurance carrier has, by delivery of a renewal contract or otherwise, offered to continue the insurance, or if the employer notifies the insurance carrier in writing that the employer does not wish the insurance continued beyond the expiration date, or if the employer complies with the provisions of section 687 of this title, then the policy will expire upon notice to the Commissioner. (Amended 1981, No. 165 (Adj. Sess.), § 1; 1989, No. 171 (Adj. Sess.), § 10, eff. Sept. 1, 1990; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2007, No. 57, § 4; 2013, No. 199 (Adj. Sess.), § 57.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 699. Employees not to pay for insurance

§ 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 deduction for such purpose from the wages or salary of an employee entitled to the benefits of this chapter shall be fined not more than $500.00.
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 700. Examination of policy

§ 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 charged. (Amended 1981, No. 165 (Adj. Sess.), § 1; 1989, No. 225 (Adj. Sess.), § 25(b); 1995, No. 180 (Adj. Sess.), § 38(a); 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 701. Reports of accidents by employers

§ 701. Reports of accidents by employers
Every employer liable to pay compensation under the provisions of this chapter shall keep a record of all injuries, fatal or otherwise, sustained by his or her employees in the course of their employment and shall report such an injury causing an absence of one day or more, or necessitating medical attendance, to the Commissioner in writing upon forms to be procured from him or her for such purpose within 72 hours, Sundays and legal holidays excluded, after the occurrence of such an injury. At the termination of the disability of such injured employee, such employer shall make a final report upon forms to be procured as herein provided. If such disability extends beyond a period of 60 days, at the expiration of each 60-day period, such employer shall make a supplemental report to the Commissioner that such injured employee is still disabled and, at the termination of such disability, shall file a final report as provided in this section.
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 702. Contents; penalty

§ 702. Contents; penalty
Such reports shall state the name and nature of the business of the employer, the location of the place where the accident occurred, the name, age, sex, wages, and occupation of the injured employee and shall state the date and hour of the accident causing the injury, its nature and cause and such other information as may be required by the Commissioner. An employer who refuses or neglects to make such reports may be assessed an administrative penalty of not more than $100.00 per violation after notice and opportunity for hearing under section 688 of this title. (Amended 1993, No. 225 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 703. Reports of payments made by employers

§ 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 for medical services for such injured employee.
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 704. Reports, penalty

§ 704. Reports, penalty
An employer as defined in section 616 of this title, 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 employment, as the Commissioner may require. Such report shall be required not more than once in any calendar year and shall be on uniform forms applicable to all employers from whom such information is required. An employer who refuses or neglects to file the statistical report within 30 days after a request by the Commissioner, may be assessed an administrative penalty of not more than $1,000.00. (Amended 1971, No. 158 (Adj. Sess.), § 3; 1993, No. 225 (Adj. Sess.), § 19.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 705. Registration, penalty

§ 705. Registration, penalty
The employers mentioned in section 704 of this title 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 register as required by this section may be assessed an administrative penalty of not more than $50.00. (Amended 1993, No. 225 (Adj. Sess.), § 20; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 708. Penalty for false representation

§ 708. Penalty for false representation
(a) Action by the Commissioner of Labor. A person who willfully makes a false statement or representation, for the purpose of obtaining any benefit or payment under the provisions of this chapter, either for herself or himself or for any other person, after notice and opportunity for hearing, may be assessed an administrative penalty of not more than $20,000.00, and shall forfeit all or a portion of any right to compensation under the provisions of this chapter, as determined to be appropriate by the Commissioner after a determination by the Commissioner that the person has willfully made a false statement or representation of a material fact. In addition, an employer found to have violated this section is prohibited from contracting, directly or indirectly, with the State or any of its subdivisions for up to three years following the date the employer was found to have made a false statement or misrepresentation of a material fact, as determined by the Commissioner in consultation with the Commissioner of Buildings and General Services or the Secretary of Transportation, as appropriate. Either the Secretary or the Commissioner, as appropriate, shall be consulted in any contest relating to the prohibition of the employer from contracting with the State or its subdivisions.
(b) When the Department of Labor has sufficient reason to believe that an employer has made a false statement or representation for the purpose of obtaining a lower workers’ compensation premium, the Department shall refer the alleged violation to the Commissioner of Financial Regulation for the Commissioner’s consideration of enforcement pursuant to 8 V.S.A. § 3661(c).
(c) Any penalty assessed or order issued under this chapter or 8 V.S.A. § 3661 shall continue in effect against any successor employer that has one or more of the same principals or corporate officers as the employer against which the penalties were assessed or order issued and is engaged in the same or similar business.
(d) Notwithstanding the assessment of an administrative penalty under this section, a person may be prosecuted under 13 V.S.A. § 2024. (Amended 1993, No. 225 (Adj. Sess.), § 21; 1995, No. 180 (Adj. Sess.), § 38(a); 2007, No. 57, § 5; 2009, No. 42, § 11; 2009, No. 54, § 79, eff. June 1, 2009; 2009, No. 142 (Adj. Sess.), § 5; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 709. Rules of construction

§ 709. Rules of construction
In construing the provisions of this chapter, the rule of law that statutes in derogation of the common law are to be strictly construed shall not be applied. The provisions of this chapter shall be so interpreted and construed as to effect its general purpose to make uniform the law of those states which enact it.
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 710. Unlawful discrimination

§ 710. Unlawful discrimination
(a) No person, firm, or corporation shall refuse to employ any applicant for employment because the applicant asserted a claim for workers’ compensation benefits under this chapter or under the law of any state or of the United States. Nothing in this section shall require a person to employ an applicant who does not meet the qualifications of the position sought.
(b) No person shall discharge or discriminate against an employee from employment because the employee asserted or attempted to assert a claim for benefits under this chapter or under the law of any state or of the United States.
(c) The Department shall not include in any publication or public report the name or contact information of any individual who has alleged that an employer has made a false statement or misclassified any employees, unless it is required by law or necessary to enable enforcement of this chapter.
(d) An employer shall not retaliate or take any other negative action against an individual because the employer knows or suspects that the individual has filed a complaint or reported a violation of this chapter, or has testified, assisted, or cooperated in any manner with the Department or other appropriate governmental agency or department in an investigation of misclassification, discrimination, or other violation of this chapter.
(e) The Attorney General or a State’s Attorney may enforce the provisions of this section by restraining prohibited acts, seeking civil penalties, obtaining assurances of discontinuance, and conducting civil investigations in accordance with the procedures established in 9 V.S.A. §§ 2458-2461 as though a violation of this section were an unfair act in commerce.
(f) The provisions against retaliation in subdivision 495(a)(8) of this title and the penalty and enforcement provisions of section 495b of this title shall apply to this section. (Added 1985, No. 194 (Adj. Sess.), § 9; amended 2009, No. 142 (Adj. Sess.), § 8, eff. June 1, 2010; 2013, No. 31, § 9; 2017, No. 74, § 43; 2017, No. 148 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 711. Workers’ Compensation Administration Fund

§ 711. Workers’ Compensation Administration Fund
(a) The Workers’ Compensation Administration Fund is created pursuant to 32 V.S.A. chapter 7, subchapter 5 to be expended by the Commissioner for the administration of the workers’ compensation and occupational disease programs. The Fund shall consist of contributions from employers made at a rate of 1.4 percent of the direct calendar year premium for workers’ compensation insurance, one percent of self-insured workers’ compensation losses, and one percent of workers’ compensation losses of corporations approved under this chapter. Disbursements from the Fund shall be on warrants drawn by the Commissioner of Finance and Management in anticipation of receipts authorized by this section.
(b)(1) Annually, the General Assembly shall establish the rate of contribution for the direct calendar year premium for workers’ compensation insurance. The rate shall equal the amount approved in the appropriations process for the program and the Department’s projection of salary and benefit increases for that fiscal year, less the amount collected in the prior calendar year under subsection (a) of this section from self-insured workers’ compensation losses and from corporations approved under this chapter, adjusted by any balance in the fund from the prior fiscal year, divided by the total direct calendar year premium for workers’ compensation insurance for the prior year.
(2) In the event that the General Assembly does not establish the rate of contribution for the direct calendar year premium for workers’ compensation insurance for a given fiscal year, the rate shall remain unchanged from the prior fiscal year. (Added 1993, No. 225 (Adj. Sess.), § 22; amended 1995, No. 186 (Adj. Sess.), § 3, eff. May 22, 1996; 1997, No. 59, § 34, eff. June 30, 1997; 1997, No. 155 (Adj. Sess.), § 5; 2001, No. 143 (Adj. Sess.), § 3; 2003, No. 70 (Adj. Sess.), § 1, eff. April 1, 2004; 2007, No. 76, § 22; 2007, No. 153 (Adj. Sess.), § 6; 2009, No. 47, § 10; 2009, No. 134 (Adj. Sess.), § 28; 2011, No. 33, § 5; 2017, No. 69, § D.2, eff. June 8, 2017; 2017, No. 76, § 4; 2023, No. 72, § 41, eff. June 19, 2023; 2023, No. 76, § 27, eff. July 1, 2023.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 712. Enforcement by Attorney General

§ 712. Enforcement by Attorney General
(a) Following the referral of a complaint by the Commissioner of Labor pursuant to the provisions of section 3 of this title, the Attorney General may investigate a complaint that an employer has committed a willful, substantial, or systemic violation of section 687 or 708 of this chapter by claiming that it is not an employer as defined pursuant to subdivision 601(3) of this chapter or that an individual is not a worker or employee as defined pursuant to subdivision 601(14) of this chapter and may enforce those provisions by restraining prohibited acts, seeking civil penalties, obtaining assurances of discontinuance, and conducting civil investigations in accordance with the procedures established in 9 V.S.A. §§ 2458-2461 as though an employer that violates section 687 or 708 of this chapter by claiming that it is not an employer as defined pursuant to subdivision 601(3) of this chapter or that an individual is not a worker or employee as defined pursuant to subdivision 601(14) of this chapter is committing an unfair act in commerce. Any employer, employment agency, or labor organization complained against shall have the same rights and remedies as specified in 9 V.S.A. §§ 2458-2461. The Superior Court may impose the same civil penalties and investigation costs and order other relief to the State of Vermont or an aggrieved employee for a violation of section 687 or 708 of this chapter and any related violations of the provisions of this chapter as they are authorized to impose or order under the provisions of 9 V.S.A. §§ 2458 and 2461 in an unfair act in commerce. In addition, the Superior Court may order restitution of wages or other benefits on behalf of an employee and may order reinstatement and other appropriate relief on behalf of an employee.
(b)(1) The Attorney General shall share information and coordinate investigatory and enforcement resources with the Departments of Financial Regulation, of Labor, and of Taxes pursuant to the provisions of section 3 of this title.
(2) Upon receiving notice that the Attorney General has determined that an employer committed a violation of section 687 or 708 of this chapter by claiming that it was not an employer as defined pursuant to subdivision 601(3) of this chapter or that an individual was not a worker or employee as defined pursuant to subdivision 601(14) of this chapter, the Commissioners of Financial Regulation and of Taxes shall review whether the employer is in compliance with the insurance or tax laws that are under their jurisdiction. (Added 2019, No. 85 (Adj. Sess.), § 1, eff. Feb. 20, 2020; repealed on July 1, 2026 by 2019, No. 85 (Adj. Sess.), § 11(b).)
2023 Vermont Statutes › Title 21 - Labor › Chapter 12 - Employee Leasing Companies › § 1031. Definitions

§ 1031. Definitions
As used in this chapter:
(1) “Applicant” means a person applying for a license or for a renewal of a license under this chapter.
(2) “Commissioner” means the Commissioner of Labor or the Commissioner’s designee.
(3) “Client company” means a person who enters into an agreement with an employee leasing company to lease any or all of its regular employees.
(4) “Employee leasing agreement” means an agreement, executed between an employee leasing company and a client company, pursuant to which an employee leasing company provides one or more individuals to perform services for a client company on an ongoing basis.
(5) “Employee leasing company” or “leasing company” means a person engaged in the business of providing individuals to perform ongoing services for an indefinite time period for client companies pursuant to one or more employee leasing agreements executed between the leasing company and the client company. “Employee leasing company” does not include labor organizations.
(6) “Financial responsibility” means the current and expected future condition of financial solvency sufficient to support a reasonable expectation that an employee leasing company can successfully conduct its business without jeopardizing the interests of the employees leased to the client company or the public.
(7) “Licensee” means an employee leasing company licensed under this chapter.
(8) “Temporary help company” means a person who hires its own employees and provides them to another business entity as temporary full- or part-time personnel to provide services for a finite period of time in special or unusual situations such as employee absences, temporary skill shortages, seasonal workloads, and special work assignments and projects. (Added 1995, No. 173 (Adj. Sess.), § 1; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2017, No. 74, § 44.)