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2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 620. Worker hired outside State

§ 620. Worker hired outside State
If a worker who has been hired outside this State is injured while engaged in his or her employer’s business and is entitled to compensation for such injury under the law of the state where he or she was hired, he or she shall be entitled to enforce against his or her employer his or her rights in this State, if his or her rights are such that they can be reasonably determined and dealt with by the Commissioner and the court in this State. (Amended 1981, No. 165 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 622. Right to compensation exclusive

§ 622. Right to compensation exclusive
Except as provided in subsection 618(b) and section 624 of this title, the rights and remedies granted by the provisions of this chapter to an employee on account of a personal injury for which he or she is entitled to compensation under the provisions of this chapter shall exclude all other rights and remedies of the employee, the employee’s personal representatives, dependents, or next of kin, at common law or otherwise on account of such injury. (Amended 1997, No. 19, § 2.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 623. Contracts to work outside State

§ 623. Contracts to work outside State
Employers who hire workers within this State to work outside the State may agree with such workers that the remedies under the provisions of this chapter shall be exclusive as regards injuries received outside this State by accident arising out of and in the course of such employment. All contracts of hiring in this State shall be presumed to include such an agreement. (Amended 1981, No. 165 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 625. Contracting out forbidden

§ 625. Contracting out forbidden
An employer shall not be relieved in whole or in part from liability created by the provisions of this chapter by any contract, rule, regulation, or device whatsoever. (Amended 1963, No. 134, § 1, eff. June 6, 1963.)
2023 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.)
2023 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.
2023 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.)
2023 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.)
2023 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.
2023 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.
2023 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.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 640b. Request for preauthorization to determine if proposed benefits are necessary

§ 640b. Request for preauthorization to determine if proposed benefits are necessary
(a) As used in this section, “benefits” means medical treatment and surgical, medical, and nursing services and supplies, including prescription drugs and durable medical equipment.
(b) Within 14 days after receiving a written request for preauthorization for proposed benefits and medical evidence supporting the requested benefits, a workers’ compensation insurer shall do one of the following, in writing:
(1) Authorize the benefits and notify the health care provider, the injured worker, and the Department.
(2) Deny the benefits because the entire claim is disputed and the Commissioner has not issued an interim order to pay benefits. The insurer shall notify the health care provider, the injured worker, and the Department of the decision to deny benefits.
(3) Deny the benefits if, based on a preponderance of credible medical evidence specifically addressing the proposed benefits, the benefits are unreasonable, unnecessary, or unrelated to the work injury. The insurer shall notify the health care provider, the injured worker, and the Department of the decision to deny benefits.
(4) Notify the health care provider, the injured worker, and the Department that the insurer has scheduled an examination of the employee pursuant to section 655 of this title or ordered a medical record review pursuant to section 655a of this title. Based on the examination or review, the insurer shall authorize or deny the benefits and notify the Department and the injured worker of the decision within 45 days after a request for preauthorization. The Commissioner may, in the Commissioner’s sole discretion, grant a 10-day extension to the insurer to authorize or deny benefits, and such an extension shall not be subject to appeal.
(c) If the insurer fails to authorize or deny the benefits pursuant to subsection (b) of this section within 14 days after receiving a request, the claimant or health care provider may request that the Department issue an order authorizing benefits. 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 benefits have been authorized by operation of law.
(d) If the insurer denies the preauthorization of the benefits pursuant to subdivision (b)(2), (3), or (4) of this section, the Commissioner may, on the Commissioner’s own initiative or upon a request by the claimant, issue an order authorizing the benefits if the Commissioner finds that the evidence shows that the benefits are reasonable, necessary, and related to the work injury. (Added 2011, No. 50, § 3; amended 2023, No. 76, § 29, eff. July 1, 2023.)
2023 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.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 642. Temporary total disability benefits

§ 642. Temporary total disability benefits
(a)(1) Where the injury causes total disability for work, during the disability, but not including the first three days with 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.
(2) The weekly compensation shall be in an amount that is not more than the maximum nor less than the minimum weekly compensation.
(3) Compensation paid pursuant to this subsection shall be adjusted on the first July 1 following the receipt of 26 weeks of benefits and annually on each subsequent July 1, so that the compensation continues to bear the same percentage relationship to the average weekly wage in the State as it did at the time of injury.
[Subdivision (b)(1) effective until July 1, 2028; see also subdivision (b)(1) effective July 1, 2028 set out below.]
(b)(1) In addition to the amount paid pursuant to subsection (a) of this section, the employer shall pay the injured employee during the disability $20.00 per week for each dependent child who is under 21 years of age, provided that no other injured worker is receiving the same benefits on behalf of the dependent child or children.
[Subdivision (b)(1) effective July 1, 2028; see also subdivision (b)(1) effective until July 1, 2028 set out above.
(1) In addition to the amount paid pursuant to subsection (a) of this section, the employer shall pay the injured employee during the disability $10.00 per week for each dependent child who is under 21 years of age, provided that no other injured worker is receiving the same benefits on behalf of the dependent child or children.
(2) The amount allowed for the dependent children shall be adjusted weekly to reflect the number of dependent children during each week of payment.
(c) Notwithstanding any provision of subsection (a) or (b) of this section to the contrary:
(1) An employee’s total weekly wage replacement benefits, including any payments for a dependent child, shall not exceed 90 percent of the employee’s average weekly wage prior to applying any applicable cost of living adjustment.
(2) 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; 2023, No. 76, § 33, eff. July 1, 2023; 2023, No. 76, § 34, eff. July 1, 2028.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 642. Temporary total disability benefits [Effective July 1, 2028]

§ 642. Temporary total disability benefits [Effective July 1, 2028]
(a)(1) Where the injury causes total disability for work, during the disability, but not including the first three days with 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.
(2) The weekly compensation shall be in an amount that is not more than the maximum nor less than the minimum weekly compensation.
(3) Compensation paid pursuant to this subsection shall be adjusted on the first July 1 following the receipt of 26 weeks of benefits and annually on each subsequent July 1, so that the compensation continues to bear the same percentage relationship to the average weekly wage in the State as it did at the time of injury.
(b)(1) In addition to the amount paid pursuant to subsection (a) of this section, the employer shall pay the injured employee during the disability $10.00 per week for each dependent child who is under 21 years of age, provided that no other injured worker is receiving the same benefits on behalf of the dependent child or children.
(2) The amount allowed for the dependent children shall be adjusted weekly to reflect the number of dependent children during each week of payment.
(c) Notwithstanding any provision of subsection (a) or (b) of this section to the contrary:
(1) An employee’s total weekly wage replacement benefits, including any payments for a dependent child, shall not exceed 90 percent of the employee’s average weekly wage prior to applying any applicable cost of living adjustment.
(2) 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; 2023, No. 76, § 33, eff. July 1, 2023; 2023, No. 76, § 34, eff. July 1, 2028.)
2023 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.)
2023 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. The 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; amended 2023, No. 76, § 28, eff. June 20, 2023.)
2023 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.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 643c. Commissioner to provide notice; monitoring

§ 643c. Commissioner to provide notice; monitoring
The Commissioner shall notify the employer and worker of the provisions of section 643b of this title as soon as a claim is filed if, in the Commissioner’s opinion, it appears that they will be affected by the requirement for reinstatement. The Commissioner shall also request that such workers and employers supply, on a voluntary basis, information concerning requests for reinstatement, reinstatement of disabled workers, and the extent to which recourse is being sought under that section. (Added 1987, No. 105, § 2.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 643d. Work search; requirements; exceptions

§ 643d. Work search; requirements; exceptions
(a) An employer may require an employee who is receiving temporary disability benefits pursuant to section 646 of this chapter to engage in a good faith search for suitable work if:
(1) the injured employee is medically released to return to work, either with or without limitations;
(2) the employer has provided the injured employee with written notification that the employee is medically released to return to work and the notification describes any applicable limitations; and
(3) the employer cannot offer the injured employee work that the employee is medically released to do.
(b) An injured employee shall not be required to engage in a good faith search for suitable work if the employee:
(1) is already employed; or
(2) has been referred for or is scheduled to undergo one or more surgical procedures.
(c) An employer shall not require an injured employee to contact more than three employers per week as part of a good faith work search performed pursuant to this section. (Added 2023, No. 76, § 30, eff. July 1, 2023.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 644. Permanent total disability

§ 644. Permanent total disability
(a) In case of the following injuries, the disability caused thereby shall be deemed total and permanent:
(1) the total and permanent loss of sight in both eyes;
(2) the loss of both feet at or above the ankle;
(3) the loss of both hands at or above the wrist;
(4) the loss of one hand and one foot;
(5) an injury to the spine resulting in permanent and complete paralysis of both legs or both arms or of one leg and of one arm; and
(6) an injury to the skull resulting in severe traumatic brain injury causing permanent and severe cognitive, physical, or psychiatric disabilities.
(b) The enumeration in subsection (a) of this section is not exclusive, and, in order to determine disability under this section, the Commissioner shall consider other specific characteristics of the claimant, including the claimant’s age, experience, training, education, and mental capacity. (Amended 1977, No. 182 (Adj. Sess.), § 10, eff. May 3, 1978; 1999, No. 97 (Adj. Sess.), § 3; 2013, No. 96 (Adj. Sess.), § 137.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 645. Amount payable

§ 645. Amount payable
(a) In case of an injury enumerated in section 644 of this title, the employer shall pay to the injured employee 662/3 percent of the employee’s average weekly wages, computed as provided in section 650 of this title and subject to the maximum and minimum weekly compensation rates, for the duration of the employee’s permanent total disability, but in no event shall the employee receive benefits for less than 330 weeks. Benefits under this section shall continue beyond 330 weeks if the injury results in the loss of actual earnings or earning capacity after the injured employee is as far restored as the permanent character of the injuries will permit and results in the employee having no reasonable prospect of finding regular employment.
(b) The amount of compensation payable under this section shall not include the payment of compensation under sections 640, 642, and 646. However, the payment of compensation under this section shall not occur until after the termination of compensation under sections 642 or 646 or both. (Amended 1959, No. 191, § 3; 1963, No. 191, § 4; 1965, No. 67, § 3; 1967, No. 122, § 7; 1977, No. 182 (Adj. Sess.), § 11, eff. May 3, 1978; 1981, No. 204 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 646. Temporary partial disability benefits

§ 646. Temporary partial disability benefits
(a)(1) Where the disability for work resulting from an injury is partial, beginning on the eighth day of the period of disability, the employer shall pay the injured employee a weekly compensation equal to the greater of:
(A) the difference between the amount the injured employee would be eligible to receive pursuant to section 642 of this chapter, including any applicable cost of living adjustment or dependency benefits that would be due, and the wage the injured employee earns during the period of disability; and
(B) two-thirds of the difference between the injured employee’s average weekly wage before the injury and the amount the employee earns during the period of disability.
(2) Compensation paid pursuant to this subsection shall be adjusted on the first July 1 following the receipt of 26 weeks of benefits and annually on each subsequent July 1, so that the compensation continues to bear the same percentage relationship to the average weekly wage in the State as it did at the time of injury.
[Subsection (b) effective until July 1, 2028; see also subsection (b) effective July 1, 2028 set out below]
(b)(1) In addition to the amount paid pursuant to subsection (a) of this section, the employer shall pay the injured employee during the disability $20.00 per week for each dependent child under 21 years of age, provided that no other injured worker is receiving the same benefits on behalf of the dependent child or children.
(2) The amount allowed for dependent children shall be adjusted weekly to reflect the number of dependent children during each week of payment.
[Subsection (b) effective July 1, 2028; see also subsection (b) effective until July 1, 2028 set out above]
(b) [Repealed.] (Amended 1963, No. 191, § 5; 1965, No. 67, § 4; 1967, No. 122, § 8; 1981, No. 204 (Adj. Sess.), § 8; 1991, No. 264 (Adj. Sess.), § 2; 2023, No. 76, § 31, eff. July 1, 2023; 2023, No. 76, § 32, eff. July 1, 2028.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 646. Temporary partial disability benefits [Effective July 1, 2028]

§ 646. Temporary partial disability benefits [Effective July 1, 2028]
(a)(1) Where the disability for work resulting from an injury is partial, beginning on the eighth day of the period of disability, the employer shall pay the injured employee a weekly compensation equal to the greater of:
(A) the difference between the amount the injured employee would be eligible to receive pursuant to section 642 of this chapter, including any applicable cost of living adjustment or dependency benefits that would be due, and the wage the injured employee earns during the period of disability; and
(B) two-thirds of the difference between the injured employee’s average weekly wage before the injury and the amount the employee earns during the period of disability.
(2) Compensation paid pursuant to this subsection shall be adjusted on the first July 1 following the receipt of 26 weeks of benefits and annually on each subsequent July 1, so that the compensation continues to bear the same percentage relationship to the average weekly wage in the State as it did at the time of injury.
(b) [Repealed.] (Amended 1963, No. 191, § 5; 1965, No. 67, § 4; 1967, No. 122, § 8; 1981, No. 204 (Adj. Sess.), § 8; 1991, No. 264 (Adj. Sess.), § 2; 2023, No. 76, § 31, eff. July 1, 2023; 2023, No. 76, § 32, eff. July 1, 2028.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 648. Permanent partial disability benefits

§ 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 this title, and at the termination of total disability, the employer shall pay to the injured employee 662/3 percent of the average weekly wage, computed as provided in section 650 of this title, subject to the maximum and minimum weekly compensation rates, for a period determined by multiplying the employee’s percentage of impairment of the whole person by 330 weeks. The percentage of impairment to the whole person is the percentage of impairment to the particular body part, system, or function converted to the percentage of impairment to the whole person as provided in subsection (b) of this section.
(b) Any determination of the existence and degree of permanent partial impairment shall be made only in accordance with the whole person determinations as set out in the Fifth Edition of the American Medical Association Guides to the Evaluation of Permanent Impairment. In order to utilize any subsequent edition of the American Medical Association Guides to the Evaluation of Permanent Impairment or any other appropriate guides to the evaluation of permanent impairment, the Commissioner, in consultation with the Department of Labor Advisory Council, shall adopt a rule. The Commissioner shall adopt a supplementary schedule for injuries that are not rated by the impairment guide authorized for use by the Department to determine permanent disability.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, for the purposes of determining the payment period for any permanent partial impairment to the spine, the percentage of impairment shall be determined in accordance with rules adopted by the Commissioner according to which an injury to the spine which is evaluated as a 60 percent impairment of the whole person shall provide 330 weeks of compensation.
(d) An impairment rating determined pursuant to this section shall be reduced by any previously determined permanent impairment for which compensation has been paid, but if the combination of the prior impairment rating and the rating determined pursuant to this section would result in the employee being considered permanently totally disabled, the prior rating shall not negate a finding of permanent total disability. (Amended 1959, No. 34, eff. March 12, 1959; 1963, No. 134, § 2, eff. June 6, 1963; 1977, No. 182 (Adj. Sess.), § 13, eff. May 3, 1978; 1993, No. 225 (Adj. Sess.), § 7, eff. April 1, 1995; 2007, No. 208 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 649. Injuries not covered; burden of proof

§ 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 his or her use. The burden of proof shall be upon the employer if he or she claims the benefit of the provisions of this section.
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 651. Voluntary payments

§ 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 the Commissioner, be deducted from the amount to be paid as compensation. (Amended 1977, No. 182 (Adj. Sess.), § 14, eff. May 3, 1978; 1981, No. 165 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 652. Periodical payments; lump sum payments

§ 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 application of the employee, if the Commissioner finds it to be in the best interest of the employee or the employee’s dependents, the Commissioner may order the payment of permanent disability benefits pursuant to section 644 or 648 of this title to be paid in a lump sum.
(c) Unless otherwise requested by the claimant, an order for a lump sum payment of permanent partial or permanent total disability benefits or a lump sum settlement of a disputed claim shall include a provision accounting for excludable expenses and prorating the remainder of the lump sum payment in the manner set forth by the Social Security Administration in order to protect the claimant’s entitlement to Social Security benefits. (Amended 1999, No. 97 (Adj. Sess.), § 2; 2005, No. 212 (Adj. Sess.), § 7, eff. May 29, 2006.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 654. Trustee in case of lump payments; appointment; expense

§ 654. Trustee in case of lump payments; appointment; expense
Whenever, for any reason, the Commissioner deems it expedient, any lump sum which 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 to be appointed by the Commissioner as trustee to administer or apply the same for the benefit of the persons entitled thereto in the manner provided by the Commissioner. The payment of such money by the employer, evidenced by the receipt of the trustee, shall operate as a satisfaction of the compensation. In the appointment of such trustee preference shall be given, in the discretion of the Commissioner, to the choice of the employee or the dependents of the deceased employee. The expense of the administration of such trust shall be fixed by the Commissioner and shall be a charge upon the compensation so deposited.
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 655. Procedure in obtaining compensation; medical examination; video and audio recording

§ 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 and within a two-hour driving radius of the residence of the injured employee, by a duly licensed physician or surgeon designated and paid by the employer. The Commissioner may in his or her discretion permit an examination outside the two-hour driving radius if it is necessary to obtain the services of a provider who specializes in the evaluation and treatment specific to the nature and extent of the employee’s injury. The employee may make a video or audio recording of any examination performed by the insurer’s physician or surgeon or have a licensed health care provider designated and paid by the employee present at the examination. The employer may make an audio recording of the examination. The right of the employee to record the examination shall not be construed to deny to the employer’s physician the right to visit the injured employee at all reasonable times and under all reasonable conditions during total disability. If an employee refuses to submit to or in any way obstructs the examination, the employee’s right to prosecute any proceeding under the provisions of this chapter shall be suspended until the refusal or obstruction ceases, and compensation shall not be payable for the period which the refusal or obstruction continues. (Amended 2009, No. 142 (Adj. Sess.), § 16; 2013, No. 199 (Adj. Sess.), § 62, eff. June 24, 2014.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 655a. Release of relevant medical records by health care providers; Department to oversee release and use of relevant medical information

§ 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 medical records and reports as requested by the injured worker, the employer, or the Department regarding the diagnosis, condition, or treatment of the worker, permanent impairment, or any restrictions or limitations on the worker’s ability to work upon receiving a written medical release authorization from the injured worker. The authorization shall be on a form approved by the Department. If the relevance of any medical information is disputed, the Department shall determine whether the requested medical information is relevant.
(b) Medical information relevant to the specific claim includes a past history of complaints or treatment of a condition similar to that presented in the claim or other conditions related to the same body part. Information that may be requested includes:
(1) Minimum data to justify services and payment, including that on the standard paper 1500 form or electronic 837 form.
(2) Office notes of the examination relating to the injury diagnosis or treatment.
(3) Any other relevant provider records contained in the file.
(c) An injured worker shall only be obligated to sign a medical record release authorization approved by the Department.
(d) Any medical information received by the employer or the insurance carrier that is found not to be relevant to the claim may not be used to deny or limit a claim. The Commissioner may order that specific disclosure requests be denied or rescinded and may make such other interim orders as are appropriate.
(e) Any medical information received in conjunction with a claim shall be used only for the purpose of advancing or defending a claim relating to the injury or of investigating a claim of false representation or of ensuring compliance with the workers’ compensation statutes and rules. (Added 2011, No. 50, § 4.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 656. Notice of injury and claim for compensation

§ 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 compensation with respect to an injury has been made within six months after the date of the injury; or, in case of death, within six months after death, unless the claimant had made a claim for compensation prior to death.
(b) The date of injury, or in the case of occupational disease, the date of injurious exposure shall be the point in time when the injury or disease, and its relationship to the employment is reasonably discoverable and apparent. If that date occurs after the employee has ceased all employment, the employee shall be entitled to reasonable and necessary medical treatment necessitated by the injury and permanent partial or permanent total disability compensation based on the employee’s average weekly wage at the time of the last work-related exposure.
(c) The notice and claim may be given or made by any person claiming to be entitled to compensation or by someone in the employee’s behalf. If payments of compensation have been made voluntarily, the making of a claim within this period shall not be required. If the claim is denied after voluntary payments were made, the claimant shall commence proceedings under this chapter within six months from the date of denial. (Amended 1993, No. 225 (Adj. Sess.), § 9; 1999, No. 41, § 5.)
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 657. After court judgment against employee

§ 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 suit has been finally determined.
2023 Vermont Statutes › Title 21 - Labor › Chapter 9 - Employer's Liability and Workers' Compensation › § 658. Form of notice and claim

§ 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 and shall be signed by the employee or by a person in his or her behalf, or, in the event of his or her death, by any one or more of his or her dependents or by a person in their behalf. The notice and the claim may be combined.