Forms For July 1 COLA Adjustment Available

The Vermont Department of Labor has posted the form for Notice in Change of Compensation Rate for fiscal year 2016 on its website.  Compensation shall be adjusted on July 1, 2016 for any worker who has received wage replacement benefits for 26 weeks as of that date.

The statute requires that with regards to the computation of the average weekly wage, “[c]ompensation computed pursuant to this section shall be adjusted annually on July 1, so that such compensation continues to bear the same percentage relationship to the average weekly wage in the state as computed under this chapter as it did at the time of injury. Temporary total or temporary partial compensation shall first be adjusted on the first July 1 following the receipt of 26 weeks of benefits.” 21 V.S.A. § 650(d).

An exception to the COLA increase exists.  If a worker is not receiving disability benefits on July 1, the worker is not entitled to a cost of living adjustment for that year when such benefits subsequently are reinstated.  Birchmore v. The McKernon Grp., Op. No. 40-11WC (2011); Bollhardt, Op. No. 51-04WC (2004); V.S. v. Kennametal, Op. No. 19-07WC (2007).

The 2016 Form is located on line at:

http://labor.vermont.gov/forms/#comp

Department of Labor Releases Forms for COLA Adjustments

On June 20, 2014 the Vermont Department of Labor published a memorandum with the new forms for COLA increases.  These rates go into effect July 1.

The new Form 28(FY15) and the Form 28A(FY15), may be downloaded at: http://labor.vermont.gov/wordpress/wp-content/uploads//Form28FY15FillIn.pdf. 

The new maximum for those injuries arising after June 30, 1986 is $1,197.00.  The new maximum for injuries prior to that date is $798.00.  The minimum in all cases is $399.00.

Historical wage rates are available at:

 http://labor.vermont.gov/wordpress/wp-content/uploads//wcRule-16.pdf.

Vermont Department of Labor Announces Cost of Living Adjustment

The Vermont Department of Labor has announced the annual increases for cost of living adjustment as well as the new maximum and minimum rates.  These rates go into effect July 1, 2014.  They are as follows:

The annual cost of living adjustment multiplier is 1.027%.

The maximum rate for injuries occurring before July 1, 1986 is $798.00.

The maximum rate for injuries occurring after June 30, 1986 is $1,197.00.

The minimum rate is $399.00.

The link to historical rates is located at:

http://labor.vermont.gov/wordpress/wp-content/uploads//wcRule-16.pdf

It’s Almost July 1st, Remind Me Again: What Do I Have to Do?

As July 1st approaches, licensed Vermont workers' compensation adjusters need to:

Adjust the COLA

Any worker who has been receiving temporary total or temporary partial disability compensation for 26 or more weeks is entitled to a COLA. The new maximum for those injuries arising after June 30, 1986 is $1,166.00.  The new maximum for injuries prior to that date is $777.00.  The minimum in all cases is $389.00. The new Form 28(FY14) and the Form 28A(FY14) are now available and may be downloaded from the Vermont Department of Labor website located at: http://labor.vermont.gov/Default.aspx?tabid=170. 

Determine If Medicaid Has Paid Bills

Insurers must take reasonable steps to discover whether the Department of Vermont Health Access has paid medical bills associated with workers’ compensation claims. 33 V.S.A. §1910 (b)(2). The State of Vermont Human Service Agency has a lien against the insurer for monies paid for medical expenses on behalf of a person who has an injury, illness or disease and the person initiates a claim against an insurer for that injury, illness or disease. The Department has noted that “the claim file should contain documentation (electronic, recorded language, typed or handwritten) to support the insurer's actions.”  The procedure sets forth that reasonable steps to determine the existence of such a lien include: (1) Asking the claimant or claimant’s representative at the beginning of the process by telephone, letter or electronic mail if he or she was a Medicaid recipient at the time of the injury.  If the answer is yes then the insurer should contact the Department of Vermont Health Access and refrain from payment until the lien is determined.  If the answer is no then the insurer must continue to review bills to determine if there is evidence that the Department of Vermont Health Access has paid bills on the claimant’s behalf and if so the insurer should determine the amount of the lien.  If not the insurer may proceed to resolve the claim; (2) An insurer may contact the Department of Vermont Health Access at any time to determine if a lien exists by contacting  the Department at: DVHATPLTeam@state.vt.us; by telephone at 802-879-5646; or by fax at 802-879-5959. The outreach document prepared by the Department of Vermont Health Access is located here: http://dvha.vermont.gov/budget-legislative/insurer-procedure-medicaid-liens.pdf

Vermont Department of Labor Publishes COLA, Maximum and Minimum Compensation Rates Effective July 1st

 

Today the Department of Labor issued the annual COLA applied to temporary total and temporary partial benefits for the next year.  The statute requires that “Compensation... shall be adjusted annually on July 1, so that such compensation continues to bear the same percentage relationship to the average weekly wage... as computed under this chapter as it did at the time of injury. Temporary total or temporary partial compensation shall first be adjusted on the first July 1 following the receipt of 26 weeks of benefits.” 21 V.S.A. §650(d).

The new maximum for those injuries arising after June 30, 1986 is $1,166.00.  The new maximum for injuries prior to that date is $777.00.  The minimum in all cases is $389.00.

The new Form 28(FY14) and the Form 28A(FY14) are now available and may be downloaded from the Vermont Department of Labor website located at:

http://labor.vermont.gov/Default.aspx?tabid=170. 

Temporary total and temporary partial rates are to be updated as of July 1, 2013.