The Vermont Workers' Compensation Bulletin is a collection of materials and information related to workers' compensation in Vermont and the Vermont Department of Labor. It was founded in 2013 by John W. Valente of Ryan Smith & Carbine, Ltd. Following attorney Valente's appointment in 2015 as a Vermont Superior Court Judge, the bulletin has continued as a project of Ryan Smith & Carbine, Ltd. It is edited, written, condensed and digested by Erin J. Gilmore, Esq..
All Workers’ Compensation Insurance Carriers, Adjusters and Self-Insureds
J. Stephen Monahan, Director
Workers’ Compensation and Safety Division
June 7, 2019
Annual Adjustment of Workers’ Compensation Benefits
The new Form 28(FY20) and the Form 28A(FY20), which you
should use to update claimant’s rates as of July 1, 2019, are now
available. You can download both forms from our web site at: http://labor.vermont.gov/forms/#comp.
Please make copies as needed.
The new maximum for those injuries arising after June 30,
1986 is $1,353.00. The new maximum for injuries prior to that date is $902.00.
The minimum in all cases is $451.00.
Please be aware of the requirement to forward a copy of the
Form 28 to the injured worker or dependent.
Effective January 1, 2019 the Workers’
Compensation mileage reimbursement rate increased from $.545 to $.58 per
mile. The mileage reimbursement rate as determined by Rule 4.1310 is
for mileage traveled for medical treatment, to attend an employer’s independent
medical examination or attend a vocational rehabilitation meeting. The
rate is the rate that is in effect for classified state employees.
We received the below Memorandum today regarding the proposed vocational rule. Please note that the proposed rule has been withdrawn by the Department of Labor, and the current vocational rehabilitation rule remains effective. We will update the blog if there are future developments in this matter.
Charlene Dindo, Committee Assistant - LCAR;
Louise Corliss, APA Clerk – Vermont Secretary of State’s Office
J. Stephen Monahan – Director Workers’ Compensation & Safety Division
Friday, November 9, 2018
Notification that we are withdrawing proposed rule 18-P23 - Department of
Labor/Vermont Workers' Compensation Vocational Rehabilitation Rules
After the aborted LCAR hearing on October 18, the
Department of Labor met with opponents of the proposed rule to discuss their
concerns. Unfortunately, we were unable to come to agreement on the rules,
although there was some agreement that statutory changes may be necessary.
The Department has decided to withdraw the proposed
rule and leave the existing rule in place. Therefore, it will not be necessary
for LCAR to consider the rule at its November 15th meeting.
The Department of Labor posted today the updated COLA rate increase that takes effect on July 1, 2018. The increase is 1.023% for fiscal year 2019. The new minimum is $437.00, and the new maximum rate is $1,311.00. You can find the new Form 28/28A on the Department of Labor's website at: http://labor.vermont.gov/forms/#comp .
The Department of Labor also updated the attorney fee rate for fiscal year 2019. The rate increased from $205.00 to $210.00 for 2018, effective on July 1, 2018. The paralegal rate remains at $75.00, and the vocational rehabilitation rate remains at $95.00. The updated amounts can be found here: http://labor.vermont.gov/wordpress/wp-content/uploads/Attorney-VR-Fee.pdf .
The Vermont Department of Labor has issued a decision
regarding medical marijuana reimbursement.Michael Hall v. Safelite Group Inc., Op. No. 06-18WC (2018).The Department found that even though, under the facts in this specific case, the medical
marijuana was reasonable and necessary treatment, the carrier was not required
to reimburse the claimant for medical marijuana. The Department held that 18 V.S.A. 4474c(b)(4)
controlled as the more specific statute. Other states ordering reimbursement did not have a similar language prohibiting
the reimbursement, therefore, under the state statutory structure, the
Department could not order the carrier to reimburse the claimant for medical
Effective January 1, 2018, the Workers’ Compensation mileage reimbursement rate increased from $.535 to $.545 per mile. The mileage reimbursement rate, as determined by Rule 4.1310, is for mileage traveled for medical treatment, to attend an employer’s independent medical examination or attend a vocational rehabilitation meeting. The rate is the rate that is in effect for classified state employees.
Per the changes to the Rules in 2015, you can no longer deduct the mileage traveled to/from work from the reimbursable mileage.