The Vermont Workers' Compensation Adjusters' Conference will be held on June 13 and 14, 2019 at the Hilton Hotel, located in Burlington, Vermont.
To register for the conference please use the following link: http://www.cvent.com/d/86q8wj/4W
SAVE THE DATE!!! For anyone who wants to visit Vermont in the fall, the Fall Conference will be held on November 7 and 8, 2019. More details to follow.
Monday, January 28, 2019
Thursday, January 10, 2019
Mileage Reimbursement Rate Increase, Effective January 1, 2019
Effective January 1, 2019 the Workers’
Compensation mileage reimbursement rate increased from $.545 to $.58 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.
This rate became effective January 1, 2019.
Friday, November 9, 2018
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 Proposed Vocational Rule WITHDRAWN by Department of Labor!!!!!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 Please note that the proposed rule has been withdrawn by the Department of Labor, and the current vocational rehabilitation rule remains effective.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
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 15th 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
Friday, June 8, 2018
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 .
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 .
Tuesday, May 8, 2018
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.
Monday, February 12, 2018
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
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
Tuesday, February 6, 2018
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!
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!
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