State Auditor’s Report Focuses on Vermont’s Workplace Safety Efforts for State Employees

The Vermont State Auditor, Doug Hoffer, has issued an audit of The Office of State Employee Workers’ Compensation and Injury Prevention (WIP).  The WIP is responsible for administering the state’s workers’ compensation program and for prevention of workplace injuries for state employees.

According to a press release from the Vermont State Auditor’s Office the audit found, “shortfalls, failures and gaps” in injury prevention efforts and errors in the data collection system. The transmittal letter from the Auditor noted, prior recommendations of the WIP to improve safety for state employees, were adopted by less than two thirds of the Departments with high workers’ compensation claims.

As a result of the report, the Vermont State Auditor has urged the state to make a “stronger commitment to workplace safety.”

The press release is located at:

http://auditor.vermont.gov/sites/auditor/files/WCP%20press%20release%207-22-13.pdf

The link for the transmittal letter from the Auditor’s Office is located here:

http://auditor.vermont.gov/sites/auditor/files/Final%20WCP%20transmittal%20letter.pdf

A link for a three page summary of the audit is located here:

http://auditor.vermont.gov/sites/auditor/files/Final%20WCP%20highlights.pdf

The link for the full 55 page audit is located here:

http://auditor.vermont.gov/sites/auditor/files/Final%20WCP%20report.pdf

Department of Labor Creates "Health Care Provider Report" Form

The Vermont Department of Labor has created a new form to assist physicians in providing the employer/carrier with information regarding the treatment of an injured worker.  The form is called the “Health Care Provider Report” and is also known as the HCP1. The form is not required to be filed.  The Department describes this as a tool to assist in obtaining relevant medical information regarding workers’ compensation injuries/illnesses. 

The form is a one page document that provides basic information such as: The employee’s name, address, date of birth and phone number; Information regarding the injury itself, such as, the date of the injury, the body part injured, the date of the examination, the diagnosis and whether the injury was work related; A line is provided for documenting test results, interpretation of the results, what medications are prescribed and what the treatment plan is; and there is a section for a brief comment on return to work.

This form is not required.  It does not change the law that requires that any provider seeking reimbursement for services must provide legible, supporting documentation. Vermont Workers’ Compensation Rules, Rule 40.021(C).  That supporting documentation is described as, “documentation for each service provided which is sufficiently detailed to allow for the review of the medical necessity of the service and the appropriateness of the fee charged.” Vermont Workers’ Compensation Rules, Rule 40.021(E).

The link to the new form is:

http://www.labor.vermont.gov/Portals/0/WC/healthcareprovidersrpt.pdf

Is An Injury At the Company Picnic Compensable?

The leading commentator on workers’ compensation law has concluded that "Even if the employer is the sponsor of a regular annual company picnic, the employment connection may be inadequate if there is nothing more--no compulsion of any kind to attend, no pep talks or other business, no transportation, no wearing of uniforms." 1A Larson, at § 22.23(a).  For a company picnic to be compensable the facts must support that the event was sufficiently related to the claimant's employment.  Factors to consider are: whether the picnic took place on company time; whether the participants are paid for their attendance; whether people who do not attend the picnic are required to work; whether a percentage of the employees not participate; and whether  the company uses the occasion for any politicking amongst its employees. Delorme v. Johnson Printing Co., Opinion No. 4-90WC (1990); Michael Riley v. Norrell Services Opinion No. 20-95WC (1995).  There must be a correlation between obligations of work and the activity.