Department Seeks Input on VR Rules

The Vermont Department of Labor has announced that they are in the process of reviewing the vocational rehabilitation rules.  This is the first substantial revision of the rules since 2007.  The Department is accepting suggestions for changes during this informal, pre-filing comment period.   Please submit your written comments (hard copy or email) on or before January 15, 2015 to Phyllis Phillips, Esq. at the address noted below.

Phyllis G. Phillips, Esq.

Workers' Compensation Hearing Officer

Vermont Department of Labor

P.O. Box 488

Montpelier, VT  05601-0488

(802) 828-4043

(802) 828-2195 fax

phyllis.phillips@state.vt.us

Attorney Lien Rules Of Note

Attorneys who represent injured workers sometimes file liens with the Department of Labor. This has prompted questions about what effect such a filing has on the employer/carrier.

Attorneys may request for acknowledgement of a lien to the commissioner at any time after the representation commences, if the following steps are taken:  (1) it must be in writing; (2) copied to the claimant; and (3) it must be accompanied by a copy of the written fee agreement executed by the claimant. Vermont Workers’ Compensation Rules, Rule 10.4010.  The Commissioner will acknowledge the lien and mail notice of the claim against future benefits to the employer/carrier and to the claimant.  Vermont Workers’ Compensation Rules, Rule 10.4011.

Once an employer/carrier has been provided notice by the commissioner of an acknowledged attorney’s lien, the carrier must reserve $15,000.00 or 20% of the amount of any permanent disability compensation due, and/or any lump sum payment of retroactive temporary total disability benefits, whichever is less.  Vermont Workers’ Compensation Rules, Rule 10.4012.  The carrier must also notify the claimant’s attorney prior to issuing payment to the claimant. Vermont Workers’ Compensation Rules, Rule 10.4012.  Failure to reserve the amounts from permanent disability compensation due, and/or any lump sum payment of retroactive temporary total disability benefits “shall make the employer/carrier liable, in the commissioner’s discretion, for payment to the attorney of the amount of an acknowledged lien.”  Vermont Workers’ Compensation Rules, Rule 10.4012. 

An attorney representing an injured worker may request enforcement of a lien but it must made prior to the date the benefits subject to the lien are due and payable, and it must be done in a timely fashion so as not to impede disbursement of benefits payments to the injured worker.  Vermont Workers’ Compensation Rules, Rule 10.4020, Rule 10.4021.  The request for enforcement should be in writing and include:  a copy of the fee agreement executed by the claimant; and an itemized statement detailing both the work performed and the hours billed. Vermont Workers’ Compensation Rules, Rule 10.4020. If approved, “the commissioner shall direct the employer/carrier to deduct the amount approved and advance it to the attorney against the end of any permanent disability compensation due, and/or against any lump sum payment of retroactive temporary disability benefits.”  Vermont Workers’ Compensation Rules, Rule 10.4030.

Schedule Posted for Conference

The schedule for the Vermont Department of Labor's Workers' Compensation Adjusters' Continuing Education Conference Schedule has now been posted.

As part of the conference, Phyllis Phillips, Esq. from the Vermont Department of Labor, will do a two hour presentation Wednesday afternoon, on the draft Workers' Compensation Rules.  Registration is not limited to adjusters and all attorneys and others interested in Vermont workers' claims are welcome to attend.

Here is a link to the registration page:

http://www.cvent.com/d/q4q5vb/4W



Here is the link to the schedule:

http://labor.vermont.gov/wordpress/wp-content/uploads/WCAdjustersScheduleOctober2014.pdf

Department Issues New Link for Draft Rules

The Vermont Department of Labor has issued a new link for the Draft Workers' Compensation Rules that were posted last week.

The new link is:
http://labor.vermont.gov/wordpress/wp-content/uploads/rules-1-27-final-10-2014.pdf

Draft Workers' Compensation Rules Published For Comment

The Vermont Department of Labor has provided draft revisions to the Workers' Compensation Rules for comment in advance of a formal proposal under the Administrative Rules making process.  The draft is posted for comment on the Department's website.  You can view them by clicking on the following link: http://labor.vermont.gov/wordpress/wp-content/uploads/Rules-1-46-Final-10-2014.pdf.

This is the first major rules revision since 2006 and the Department has noted these reflect legislative changes and both Supreme Court and Department rulings in a number of areas.  Constructive written comments, preferably on or before November 14, 2014, via email to phyllis.phillips@state.vt.us, or via US Mail to Phyllis Phillips, Esq., Vermont Department of Labor, P.O. Box 488, Montpelier, VT  05601-0488.

The Hearing Officer for the Vermont Department of Labor will present an overview of the draft rules at the Vermont Department of Labor's Workers' Compensation Adjusters Continuing Education Conference.  The presentations will occur during the October 29th afternoon sessions.

The registration for the conference is located on line at:

http://www.cvent.com/d/q4q5vb/4W

Reservation Deadline For Adjuster's Conference Approaches

October 7, 2014 is the room reservation cut-off date at the Hilton Hotel in Burlington, Vermont for the Vermont Department of Labor’s Workers’ Compensation Adjusters’ Continuing Education Conference.   

The link for hotel registration is:

http://www.hilton.com/en/hi/groups/personalized/B/BTTVTHF-DOL-20141028/index.jhtml?WT.mc_id=POG

The phone number for the Hilton Burlington is: 802-859-5037

The fall 2014 conference is Wednesday October 29th & Thursday October 30th.   The conference will begin at 12:30 pm on Wednesday and run until 5pm.  On Thursday the conference begins at 8:30 am and ends at noon.

The link for registration for the conference is:

http://www.cvent.com/d/q4q5vb/4W

Vermont Department of Labor Proposes Administrative Penalties Rule

The Department of Labor has promulgated rules for the administration of penalties due to the failure to comply with the Vermont Workers’ Compensation Statute or Rules.  The proposed rules completely replace the prior administrative penalties.  The comment period ends September 26, 2014.  Comments may be sent to J. Stephen Monahan, Vermont Department of Labor, PO Box 488, Montpelier, Vermont 05601-0488.

The proposed rules are located online at: http://labor.vermont.gov/legal-information/proposed-rules/

The Commissioner’s proposal has a number of components:

The Commissioner, after a citation and hearing, may assess an administrative penalty against a person or entity that violates: the workers’ compensation statute, rules adopted by the Commissioner, or an order issued by the Commissioner.

Citations may be served upon employees, employers, attorneys, medical providers, insurers or representatives of insurers when the Commissioner has found that the person or entity refused or neglected to:

Comply with the workers’ compensation act;

Comply with the Department’s rules;

File in a complete and timely fashion any reports that are required by the act, rule, or order; or

Comply with any interim order issued by the Department.

Additionally a citation may issue if a person has willfully made a false statement or representation for the purpose of any benefit or payment for him or herself, or any other person.

The proposed penalties are specifically referenced, including penalty reduction factors.

The proposed penalties include: employers who willfully make a false statement or representation for the purpose of obtaining a lower workers’ compensation premium shall be prevented from working with the State of Vermont for up to three years. An employer who fails to maintain workers’ compensation insurance shall be fined $100 a day for the first seven days of failure to have insurance and $150 a day per day thereafter.  The proposed rules also provide that any employer must ensure that any subcontractor it hires has workers’ compensation insurance and is in compliance with the statute.  In addition to financial penalties, employers who fail to comply with the requirement of obtaining insurance may be cited with a stop-work order. 

An employer that fails to submit a first report of injury within 72 hours of “notice or knowledge of a claimed work related injury causing an absence of one day or more, or necessitating medical attendance,” shall be fined $100.00 for each violation.  Failure to give the employee a copy of the form will result in a $50.00 fine. 

An employer or carrier who fails to submit a required form to the Department shall be fined $100.00 for each violation. Proposed Rule 45.5630 lists a number of additional fines for failure to timely file required reports under the statute.

Non-compliance with an interim order of the Department of Labor shall result in a penalty of $500 per occurrence, plus $100 for every day of non compliance after the date set for compliance.  The total penalty shall not exceed $5,000.00.

A self insured employer or insurance carrier who fails to ensure its agents or subcontractors comply with the statute and rules, or with an order of the Commissioner shall be fined $500.00 for each offense.  In addition the agent or subcontractor shall be assessed a penalty of $50.00 for each offense.