ATTENTION!!! Proposed Vocational Rule WITHDRAWN by Department of Labor!!!!!

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  Please note that the proposed rule has been withdrawn by the Department of Labor, and the current vocational rehabilitation rule remains effective.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.

MEMORANDUM

To:                   Charlene Dindo, Committee Assistant - LCAR;
Louise Corliss, APA Clerk – Vermont Secretary of State’s Office

From:               J. Stephen Monahan – Director Workers’ Compensation & Safety Division

Date:               Friday, November 9, 2018

Subject:             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 15^th meeting.

Thank you for your time.

J. Stephen Monahan

Director, Workers’ Compensation & Safety Division

Vermont Department of Labor

5 Green Mountain Drive

P.O. Box 488

Montpelier, Vermont 05601-0488

(802) 828-2138

JULY 1, 2018 COLA INCREASE RATE SET AND UPDATE ON ATTORNEY FEES

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 .

You can find the updated historical rates chart at: http://labor.vermont.gov/wordpress/wp-content/uploads/historicalrates.pdf .

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 .

Workers' Compensation Medical Marijuana Formal Hearing Decision

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 marijuana.  

Mileage Rate Increase Effective January 1, 2018

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.

The Department of Labor's Mileage and Meal Reimbursement table is now updated with the 2018 information.  The table can be found at: http://labor.vermont.gov/wordpress/wp-content/uploads/Mileage-and-Meals-Reimbursement-Rates.pdf 

NEW FORM 25 AND FORM 32 ARE LIVE! REGISTRATION FOR MAY 3 AND 4, 2018 VERMONT WORKERS' COMPENSATION CONFERENCE IS LIVE!

The Department of Labor has put out a revised Form 25 (Wage Statement) and a revised Form 32 (Agreement for Temporary Compensation).  The revised forms can be found on the Department's website at: http://labor.vermont.gov/forms/#comp .  Please update your forms so that you are using the revised forms.

The Form 25 was revised to change paragraphs 3 and 4 in the instructions portion of the Form.  Paragraphs 3 and 4 used to exclude weeks where the employee was not paid for more than 1/2 of a work week.  The revised Form 25 states that weeks are excluded where the employee was paid for less than 1/2 of a work week.  The change is to clarify which weeks are excluded in the calculation of the employee's average weekly wage.

The Form 32 was revised to reflect the 2015 Rules, which clarified that the statutory language of "two-thirds" should be interpreted as "0.667" for the calculation of the employee's compensation rate.  The Form 32 now specifically states the calculation of the employee's compensation rate as "0.667".

Registration for the Vermont Workers' Compensation Conference is live on the Department of Labor's website at the following link:

http://labor.vermont.gov/workers-compensation/adjusters-attorneys-insurers/adjuster-licensing-training/

The Conference is scheduled for May 3 and 4, 2018.  The Conference will begin at 12:30 PM on May 3, 2018 and will conclude at 12:00 PM on May 4, 2018.  We look forward to seeing you there!

Update on Marijuana Legislation by Corina N. Schaffner-Fegard

Governor Phil Scott signed H.511 into law on January 22, 2018 which legalizes marijuana to a limited degree.  It decriminalizes personal possession for individuals 21 or older, of no more than 1 ounce of Marijuana or 5 grams or less of hashish and two mature marijuana and four immature plants on private property.  This limit also applies per dwelling unit. Anything above these amounts is still a controlled substance and carries penalties of increasing severity based on the amount found in the possession of the individual.  Additional restrictions of use include, no use in public places or while driving.  This legislation has not opened the path to commercial sales for recreational use at this time, which is being reviewed by a task force.   Furthermore, nothing in the new bill requires an employer to permit of accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the work place.  Employers have the right to include prohibition of marijuana use in their policies and cannot be sued for discharging an employee who violates these policies.  

Federal law still classifies Marijuana as a Class I substance under the Controlled Substances Act, and given Attorney General Session’s recent remarks we are not expecting any changes to the Controlled Substances Act at this point.