Annual Adjustment of Workers' Compensation Benefits - JULY 1, 2017

The new Form 28(FY18) and the Form 28A(FY18), which you should use to update claimant’s rates as of July 1, 2017, are now available.  You can download both forms from the Department of Labor's website at:  http://labor.vermont.gov/forms/#comp.  Please make copies as needed.

The new maximum for those injuries arising after June 30, 1986 is $1,281.00.  The new maximum for injuries prior to June 30, 1986 is $854.00.  The minimum in all cases is $427.00.

To calculate the July 1, 2017 COLA increase, multiply the July 1, 2016 compensation rate by 1.018 and add the appropriate dependency benefit, if any.

Historical wage rates are available http://labor.vermont.gov/wordpress/wp-content/uploads/historicalrates.pdf

Please be aware of the requirement to forward a copy of the Form 28 to the injured worker or dependent.

Federal Bill Introduced to De-schedule Marijuana

by Corina N. Schaffner-Fegard, Esq.

On February 27, 2017, US House Representative Thomas Garrett Jr., a Republican, introduced H.R.1227 — 115th Congress (2017-2018). (Ending Federal Marijuana Prohibition Act of 2017).  This bill is a legislative attempt to de-schedule marijuana entirely.   That would mean it would no longer be regulated under the Controlled Substances Act and would be placed on par with alcohol.   Currently, marijuana is classified as a Schedule I substance under the CSA.  The bill does place limitations on interstate transportation of marijuana and applies penalties for violations under Sec. 103.   As of March 16, 2017, the bill was referred to the Committee on Crime, Terrorism, Homeland Security, and Investigations and is awaiting action before the House Judiciary Committee.  Given statements made by Attorney General Sessions, which could be interpreted as his endorsing an increase in prosecutions when it comes to marijuana, the fate of the bill is unclear.   We will be following this legislation, as its passing will impact whether  health insurers, including workers' compensation carriers, are required to pay for medical marijuana.  

Registration Link for June 2017 Adjusters' Conference

The next Adjusters' Conference will be held at the Hilton Hotel in Burlington, Vermont on June 29 and 30, 2017.  Below are the registration links for the Conference and for the Hilton.  We look forward to seeing you in June!

Registration Link:  http://www.cvent.com/d/d5q7v0/4W   

Hilton Link:  http://www.hilton.com/en/hi/groups/personalized/B/BTTVTHF-VTDOL-20170628/index.jhtml?WT.mc_id=POG  

SAVE THE DATE!!!! June and October 2017 conference dates for Vermont Adjusters

There will be Vermont adjusters' continuing education conferences presented by the Vermont Department of Labor and Ryan Smith & Carbine, Ltd. in both June and October 2017.  The dates are as follows: June 29 and 30, 2017 and October 26 and 27, 2017.  Please save the dates on your calendar.  We will provide you with registration information once it is available.  We look forward to seeing you in June and October!

Mileage Reimbursement Rate Update - DECREASE EFFECTIVE JANUARY 1, 2017

Effective January 1, 2017 the Workers’ Compensation mileage reimbursement rate decreased from $.54 to $.535 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 same as the rate that is in effect for classified state employees. 

New Forms on Department of Labor Website

The Vermont Department of Labor, Workers' Compensation Division announced that two of the common forms used in workers' compensation claims have been revised as of January 2017.  The updated Preauthorization form can be found at: http://labor.vermont.gov/wordpress/wp-content/uploads/preauthformfillin.pdf .  PLEASE NOTE: the Vermont Preauthorization Form is not a required form.  Denials filed with the Department based on a failure to use the Preauthorization form will not be found supported.

The updated Medical Release form (Form 7) can be found at: http://labor.vermont.gov/wordpress/wp-content/uploads//Form07FillIn.pdf .

Vermont Governor Declares Kids’ Chance Week

Vermont Governor Peter Shumlin proclaimed that this week is Kids’ Chance Awareness Week in Vermont.  Kids’ Chance of Vermont provides college scholarships to children of workers who have been injured or killed on the job. Thousands of scholarships have been awarded nationwide by Kids’ Chance chapters.  The Governor’s office stated that “[a] work-related accident that leads to a catastrophic injury or death of a guardian has devastating emotional and financial impacts on any family, especially when compensation benefits are insufficient to allow the injured or deceased worker’s children to pursue their education goals. Bottom line, every Vermont kid should have the opportunity to succeed.”  Glenn S. Morgan, Esq. of Ryan Smith & Carbine, Ltd. is a founding director of Kids’ Chance of Vermont and serves as its current treasurer.  More details are available on the Kids’ Chance website at:  http://www.kidschance.org/ .