As the Vermont legislative session
came to a close a conference committee of the House and Senate failed to reach
consensus on a labor omnibus bill. The
session ended with no action being taken.
The House and Senate each passed separate versions of a labor bill which
included a change to the time allotted for notice to the injured worker for the
discontinuance claims. Currently, when an employer or its carrier seeks to
terminate benefits, it files a discontinuance (Form 27) and pursuant to 21 VSA
643(b), “The liability
for the payments shall continue for seven days after the notice is received by
the commissioner and the employee.”
The
Senate version of the bill would have extended that to 14 days and added an
additional seven-day extension to be granted upon approval of the Department of
Labor Commissioner. Additionally it
mandated study committees on independent medical examinations and on lien
recovery. The Senate version of the bill
is located at:
The Vermont House’s version of the
bill, included language that in the event of discontinuance a claimant may
object to it and seek an additional seven day extension for benefits to
continue. The extension needed to be specific as to a reason for the extension
and the number of days of extension requested.
The bill also required that IME reports be sent to the employee at the
same time it is sent to the employer. The House version of the bill is located
at:
