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.

Registration is Open For October's DOL Workers' Compensation Adjusters' Continuing Education

Registration is now open for the Vermont Department of Labor’s Workers’ Compensation Adjusters’ Continuing Education Conference.  The conference will be held at the Hilton Hotel, Burlington, Vermont.   

Please note the fall 2014 conference is Wednesday October 29th & Thursday October 30th.   Due to hotel availability these are different weekdays than in the past so please be aware of the Wednesday -Thursday time frame for the conference.  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

Department of Labor Revises Form 16 Release and Form 27 Notice to Discontinue Benefits

The Vermont Department of Labor has revised the Form 16 and the Form 27.  The new forms are now available on the Department's website and should be used from this point forward:

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

The Department has asked that parties discontinue use of all previous versions of the Form 16 and Form 27.