§ 601. Definitions
As used in this chapter:
(1) “Brother” and “sister” includes a stepbrother and stepsister, half-brother and half-sister,
and a brother and sister by adoption, but does not include a married brother or a
married sister unless dependent.
(2) “Child” includes a stepchild, adopted child, posthumous child, grandchild, and a child
for whom parentage has been established pursuant to 15 V.S.A. chapter 5 but does not include a married child unless the child is a dependent.
(3) “Employer” includes any body of persons, corporate or unincorporated, public or private,
and the legal representative of a deceased employer, and includes the owner or lessee
of premises or other person who is virtually the proprietor or operator of the business
there carried on, but who, by reason of there being an independent contractor or for
any other reason, is not the direct employer of the workers there employed. If the
employer is insured, “employer” includes the employer’s insurer so far as applicable.
A person is not deemed to be an “employer” for the purposes of this chapter as the
result of entering into a contract for services or labor with an individual who has
knowingly and voluntarily waived coverage of this chapter pursuant to subdivision
(14)(F) of this section.
(4) “Employment” includes public employment and, in the case of private employers, includes
all employment in any trade or occupation notwithstanding that an employer may be
a nonprofit corporation, institution, association, partnership, or proprietorship.
(5) “Grandchild” includes a child of an adopted child and a child of a stepchild, but
does not include a stepchild of a child, a stepchild of a stepchild, a stepchild of
an adopted child, or a married grandchild unless dependent.
(6) “Grandparent” includes a parent of a parent by adoption but does not include a parent
of a stepparent, a stepparent of a parent, or a stepparent of a stepparent.
(7) “Injury” and “personal injury” includes occupational diseases, death resulting from
injury within two years, and includes injury to and cost of acquiring and replacement
of prosthetic devices, hearing aids, and eye glasses.
(8) “Insurance carrier” includes any corporation from which an employer has obtained workers’
compensation insurance or guaranty insurance in accordance with the provisions of
this chapter.
(9) “Parent” includes a stepparent and a parent by adoption.
(10) “Partial disability” may be held to include diminished ability to obtain employment
owing to disfigurement resulting from an injury.
(11) “Personal injury by accident arising out of and in the course of employment” includes
an injury caused by the willful act of a third person directed against an employee
because of that employment.
(A) In the case of constables, chiefs of police, police officers, rescue or ambulance
workers, and volunteer reserve police officers in any city, town, or incorporated
village, disability or death from a heart injury or heart disease incurred or aggravated
and proximately caused by service in the line of duty and that becomes symptomatic
within 72 hours from the date of last service in the line of duty shall be presumed
to be incurred in the line of duty.
(B) In the case of firefighters, as defined in 20 V.S.A. § 3151(3) and (4), disability or death from heart injury or heart disease that becomes symptomatic
within 72 hours of service in the line of duty shall be presumed to be compensable.
(C) “Line of duty” as applied to firefighters and rescue and ambulance workers means one
or more of the following:
(i) Service in the worker's town or district, in answer to a call of the department, including
going to and returning from a fire or emergency or participating in a fire or emergency
drill, parade, test, or trial of any firefighting or emergency equipment.
(ii) Similar service in another town or district to which the department has been called
for firefighting or emergency purposes.
(iii) Service under orders of any department officer in any other emergency to which the
department is called in the town or district where the department is established.
(iv) Activities authorized by the department for the purpose of raising funds for the department.
(D) “Line of duty” as applied to constables, police officers, or volunteer reserve police
officers means either or both of the following:
(i) Service as a police officer in answer to a complaint lodged with the department, including
going to, returning from, and investigating the complaint or disorder.
(ii) Service under orders from the department or in any emergency for which the employee
serves as constable, police officer, or volunteer reserve police officer.
(E) In the case of a firefighter, as defined in 20 V.S.A. § 3151(3) and (4), who dies or has a disability from a cancer listed in subdivision (iii) of
this subdivision (E), the firefighter shall be presumed to have had the cancer as
a result of exposure to conditions in the line of duty, unless it is shown by a preponderance
of the evidence that the cancer was caused by nonservice-connected risk factors or
nonservice-connected exposure, provided:
(i)(I) the firefighter completed an initial and any subsequent cancer screening evaluations
as recommended by the American Cancer Society based on the age and sex of the firefighter
prior to becoming a firefighter or while serving as a firefighter, and the evaluation
indicated no evidence of cancer;
(II) the firefighter was engaged in firefighting duties or other hazardous activities over
a period of at least five years in Vermont prior to the diagnosis; and
(III) the firefighter is under 65 years of age.
(ii) The presumption shall not apply to any firefighter who has used tobacco products at
any time within 10 years of the date of diagnosis.
(iii) The disabling cancer shall be limited to leukemia, lymphoma, or multiple myeloma,
and cancers originating in the bladder, brain, breast, colon, gastrointestinal tract,
kidney, liver, lung, pancreas, reproductive system, skin, or thyroid.
(F) A firefighter who is diagnosed with cancer within 10 years of the last active date
of employment as a firefighter shall be eligible for benefits under this subdivision.
The date of injury shall be the date of the last injurious exposure as a firefighter.
(G) It is recommended that fire departments:
(i) maintain incident report records for at least 10 years; and
(ii) offer or provide annual cancer screenings to all firefighters who are employed by
or who volunteer for the department.
(H)(i) In the case of firefighters and members of a rescue or an ambulance squad, disability
or death resulting from lung disease or an infectious disease either one of which
is caused by aerosolized airborne infectious agents or blood-borne pathogens and acquired
after a documented occupational exposure in the line of duty to a person with an illness
shall be presumed to be compensable, unless it is shown by a preponderance of the
evidence that the disease was caused by nonservice-connected risk factors or nonservice-connected
exposure. The presumption of compensability shall not be available if the employer
offers a vaccine that is refused by the firefighter or rescue or ambulance worker
and the firefighter or rescue or ambulance worker is subsequently diagnosed with the
particular disease for which the vaccine was offered, unless the firefighter or rescue
or ambulance worker’s physician deems that the vaccine is not medically safe or appropriate
for the firefighter or rescue or ambulance worker.
(ii) In the case of lung disease, the presumption of compensability shall not apply to
any firefighter or rescue or ambulance worker who has used tobacco products at any
time within 10 years of the date of diagnosis.
(iii) A firefighter or rescue or ambulance worker shall have been diagnosed within 10 years
of the last active date of employment as a firefighter or rescue or ambulance worker.
(iv) As used in this subdivision, “exposure” means contact with infectious agents such
as bodily fluids through inhalation, percutaneous inoculation, or contact with an
open wound, nonintact skin, or mucous membranes, or other potentially infectious materials
that may result from the performance of an employee’s duties. Exposure includes:
(I) Percutaneous exposure. Percutaneous exposure occurs when blood or bodily fluid is introduced into the body
through the skin, including by needle sticks, cuts, abrasions, broken cuticles, and
chapped skin.
(II) Mucocutaneous exposure. Mucocutaneous exposure occurs when blood or bodily fluids come in contact with a mucous
membrane.
(III) Airborne exposure. Airborne exposure means contact with an individual with a suspected or confirmed case
of airborne disease or contact with air containing aerosolized airborne disease.
(I)(i) In the case of police officers, rescue or ambulance workers, firefighters, or State
employees, as that term is defined pursuant to subdivision (iii)(VI) of this subdivision
(11)(I), post-traumatic stress disorder that is diagnosed by a mental health professional
shall be presumed to have been incurred during service in the line of duty and shall
be compensable, unless it is shown by a preponderance of the evidence that the post-traumatic
stress disorder was caused by nonservice-connected risk factors or nonservice-connected
exposure.
(ii) A police officer, rescue or ambulance worker, firefighter, or State employee who is
diagnosed with post-traumatic stress disorder within three years following the last
active date of employment as a police officer, rescue or ambulance worker, firefighter,
or State employee shall be eligible for benefits under this subdivision (11).
(iii) As used in this subdivision (11)(I):
(I) “Classified employee” means an employee in the classified service, as defined pursuant
to 3 V.S.A. § 311.
(II) “Firefighter” means a firefighter as defined in 20 V.S.A. § 3151(3) and (4).
(III) “Mental health professional” means a person with professional training, experience,
and demonstrated competence in the treatment and diagnosis of mental conditions, who
is certified or licensed to provide mental health care services and for whom diagnoses
of mental conditions are within the person’s scope of practice, including a physician,
nurse with recognized psychiatric specialties, psychologist, clinical social worker,
mental health counselor, or alcohol or drug abuse counselor.
(IV) “Police officer” means a law enforcement officer who has been certified by the Vermont
Criminal Justice Council pursuant to 20 V.S.A. chapter 151.
(V) “Rescue or ambulance worker” means ambulance service, emergency medical personnel,
first responder service, and volunteer personnel as defined in 24 V.S.A. § 2651.
(VI) “State employees” means:
(aa) facility employees of the Department of Corrections;
(bb) employees of the Department of Corrections who provide direct security or treatment
services to offenders under supervision in the community;
(cc) classified employees of State-operated therapeutic community residences or inpatient
psychiatric hospital units;
(dd) classified employees of public safety answering points;
(ee) classified employees of the Family Services Division of the Department for Children
and Families;
(ff) classified employees of the Vermont Veterans’ Home;
(gg) classified employees of the Department of State’s Attorneys and Sheriffs, State’s
Attorneys, and employees of the Department of State’s Attorneys and Sheriffs who are
assigned to a State’s Attorney’s field office; and
(hh) classified employees in the Criminal Division of the Attorney General’s Office.
(J)(i) A mental condition resulting from a work-related event or work-related stress shall
be considered a personal injury by accident arising out of and in the course of employment
and be compensable if it is demonstrated by the preponderance of the evidence that:
(I) the work-related event or work-related stress was extraordinary and unusual in comparison
to pressures and tensions experienced by the average employee across all occupations;
and
(II) the work-related event or work-related stress, and not some other event or source
of stress, was the predominant cause of the mental condition.
(ii) A mental condition shall not be considered a personal injury by accident arising out
of and in the course of employment if it results from any disciplinary action, work
evaluation, job transfer, layoff, demotion, termination, or similar action taken in
good faith by the employer.
(12)(A) “Public employment” means the following:
(i) All officers and State employees, as defined in 3 V.S.A. § 1101, of all State agencies, departments, divisions, boards, commissions, and institutions,
and the Vermont Historical Society.
(ii) Full-time State’s Attorneys and full-time Deputy State’s Attorneys.
(iii) Officers and employees of the General Assembly; provided, however, that members of
the General Assembly shall be considered as public employees only for the periods
that the General Assembly is in session or while engaged in duties for which compensation
is provided by law.
(iv) Members of the Military Forces of the State of Vermont while in the active service
of this State ordered by competent authority.
(v) Employees of towns, town school districts, incorporated school districts, incorporated
villages, and fire districts.
(vi) Road commissioners or selectboard members while actually engaged in highway maintenance
or construction.
(vii) Police officers, firefighters, and other municipal employees entitled to pensions.
(viii) All teachers, as defined in 16 V.S.A. § 1931. No municipality may vote to exclude teachers from the applicability of this chapter.
(ix) Personnel who are engaged by the State of Vermont in forest fire suppression under
the provisions of the Northeastern Forest Fire Protection Compact, while in the active
service of this State ordered by competent authority.
(x) Volunteer reserve police officers of towns and incorporated villages while acting
in the line of duty, when the selectboard members or trustees vote to have those officers
covered by this chapter.
(xi) Other municipal workers, including volunteer firefighters and rescue and ambulance
squads while acting in any capacity under the direction and control of the fire department
or rescue and ambulance squads.
(xii) Members of any regularly organized private volunteer fire department while acting
in any capacity under the direction and control of the fire department.
(xiii) Members of any regularly organized private volunteer rescue or ambulance squad while
acting in any capacity under the direction and control of the rescue or ambulance
squad.
(xiv) Sheriffs, full-time deputy sheriffs, county clerks, judges of probate, probate registers,
and clerks paid by the State of Vermont.
(B) The term “public employment” does not include:
(i) public officials who are elected by popular vote, except those mentioned in this subdivision
(12);
(ii) assistant judges of the Superior Court, high bailiffs, county treasurers, or any of
their deputies or subordinates;
(iii) prisoners or wards of the State; or
(iv) any person engaged by the State under retainer or special agreement.
(13) “Wages” includes bonuses and the market value of board, lodging, fuel, and other advantages
that can be estimated in money and that the employee receives from the employer as
a part of the employee’s remuneration but does not include any sum paid by the employer
to the employee to cover any special expenses entailed on the employee by the nature
of the employment.
(14) “Worker” and “employee” mean an individual who has entered into the employment of,
or works under contract of service or apprenticeship with, an employer. Any reference
to a worker who has died as the result of a work injury shall include a reference
to the worker’s dependents, and any reference to a worker who is a minor or incompetent
shall include a reference to the worker’s committee, guardian, or next friend. The
term “worker” or “employee” does not include:
(A) An individual whose employment is of casual nature and not for the purpose of the
employer’s trade or business.
(B) An individual engaged in amateur sports even if an employer contributes to the support
of such sports.
(C) An individual engaged in agriculture or farm employment for an employer whose aggregate
payroll is less than $10,000.00 in a calendar year, unless the employer notifies the
Commissioner that the employer wishes to be included within the provisions of this
chapter; the existence of a contract of insurance shall be considered sufficient notice.
(D) A member of the employer’s family dwelling in the employer’s house; but, if in any
contract of insurance the wages or salary of such a member of the employer’s family
is included in the payroll on which the premium is based, then that family member
shall, in the event of sustaining an injury arising out of and in the course of employment,
be deemed an employee and compensated accordingly.
(E) Any individual engaged in any type of service in or about a private dwelling unless
the employer notifies the Commissioner that the employer wishes to be included within
the provisions of this chapter; the existence of a contract of insurance shall be
considered sufficient notice.
(F) The sole proprietor or partner owner or partner owners of an unincorporated business,
provided:
(i) The individual performs work that is distinct and separate from that of the person
with whom the individual contracts.
(ii) The individual controls the means and manner of the work performed.
(iii) The individual holds themselves out as in business for themselves.
(iv) The individual holds themselves out for work for the general public and does not perform
work exclusively for or with another person.
(v) The individual is not treated as an employee for purposes of income or employment
taxation with regard to the work performed.
(vi) The services are performed pursuant to a written agreement or contract between the
individual and another person, and the written agreement or contract explicitly states
that the individual is not considered to be an employee under this chapter, is working
independently, has no employees, and has not contracted with other independent contractors.
The written contract or agreement shall also include information regarding the right
of the individual to purchase workers’ compensation insurance coverage and the individual’s
election not to purchase that coverage. However, if the individual who is party to
the agreement or contract under this subdivision is found to have employees, those
employees may file a claim for benefits under this chapter against either or both
parties to the agreement.
(G) An individual who performs services as a real estate broker or real estate salesperson,
provided:
(i) the individual is licensed to broker or sell real estate pursuant to 26 V.S.A. chapter 41;
(ii) all the individual’s compensation from performing real estate broker or sales services
is based on commissions from sales production or results and is not based on time
worked or an hourly wage;
(iii) the services are performed pursuant to a written agreement or contract between the
individual and the real estate sales or broker business or another person with whom
the individual is affiliated or associated and the written agreement or contract explicitly
states that the individual is not considered to be an employee under this chapter
and is not eligible for coverage under this chapter; and
(iv) the individual is not treated as an employee for the purposes of federal income and
employment taxation with regard to the real estate broker or sales services performed.
(H) With the approval of the Commissioner, a corporation or a limited liability company
(L.L.C.) may elect to file exclusions from the provisions of this chapter. A corporation
or an L.L.C. may elect to exclude up to four executive officers or managers or members
from coverage requirements under this chapter. If all officers of the corporation
or all managers or members of an L.L.C. make such election, receive approval, and
the business has no employees, the corporation or L.L.C. shall not be required to
purchase workers’ compensation coverage. If after election the officer, manager, or
member experiences a personal injury and files a claim under this chapter, the employer
shall have all the defenses available in a personal injury claim. However, this election
shall not prevent any other individual, other than the individual excluded under this
section, found to be an employee of the corporation or L.L.C. to recover workers’
compensation from either the corporation, L.L.C., or the statutory employer.
(15) “Average weekly wages” means the average weekly wages as computed under section 650 of this title.
(16) “Average compensation” means the current “average weekly wage” under section 1338 of this title, determined previous to the first day of July preceding the date of injury or when
compensation is awarded, whichever is later.
(17) [Repealed.]
(18) “Maximum weekly compensation” means a sum of money equal to 150 percent of the average
compensation, rounded to the next higher dollar.
(19) “Minimum weekly compensation” means a sum of money equal to 50 percent of the average
compensation, rounded to the next higher dollar. However, solely for the purposes
of determining permanent total or partial disability compensation where the employee’s
average weekly wage computed under section 650 of this chapter is lower than the minimum
weekly compensation, the employee’s weekly compensation shall be the full amount of
the employee’s average weekly wages. For the purpose of determining temporary total
or temporary partial disability compensation where the employee’s average weekly wage
computed under section 650 of this chapter is lower than the minimum weekly compensation,
the employee’s weekly compensation shall be 90 percent of the employee’s average weekly
wage prior to any cost-of-living adjustment calculated under subsection 650(d) of
this chapter.
(20) “Commissioner” means the Commissioner of Labor.
(21) [Repealed.]
(22) “Health care provider” means a person, partnership, corporation, facility, or institution
licensed or certified or authorized by law to provide professional health care service
to an individual during the individual’s medical care, treatment, or confinement.
(23) “Occupational disease” means a disease that results from causes and conditions characteristic
of and peculiar to a particular trade, occupation, process, or employment, and to
which an employee is not ordinarily subjected or exposed outside or away from the
employment and arises out of and in the course of the employment.
(24) “Evidence that reasonably supports an action” means, for the purposes of section 643a
and subsections 650(e) and 662(b) of this title, relevant evidence that a reasonable mind might accept as adequate to support a conclusion
that must be based on the record as a whole and take into account whatever in the
record fairly detracts from its weight.
(25) “Medical bill” means any claim, bill, or request for payment from a health care provider
or employee for all or any portion of health care services provided to the employee
for an injury for which the employee has filed a claim under this chapter.
(26) “Denied medical payment” or “medical bill denial” means a refusal to pay a medical
bill based on the employer or insurance carrier asserting, supported by reasonable
evidence, any one or more of the following:
(A) The employer or insurance carrier was not provided with sufficient information to
determine the payer liability.
(B) The employer or insurance carrier was not provided with reasonable access to information
needed to determine the liability or basis for payment of the claim.
(C) The employer or insurance carrier has no liability to pay a medical bill under the
provisions of this chapter.
(D) The service was not reasonable or medically necessary.
(E) Another payer is liable.
(F) Another legal or factual ground for nonpayment.
(27) “Medically necessary care” means health care services for which an employer is otherwise
liable under the provisions of this chapter, including diagnostic testing, preventive
services, and aftercare, that are appropriate, in terms of type, amount, frequency,
level, setting, and duration, to the injured employee’s diagnosis or condition. Medically
necessary care must be informed by generally accepted medical or scientific evidence
and consistent with generally accepted practice parameters recognized by health care
professionals in the same specialties as typically provide the procedure or treatment,
or diagnose or manage the medical condition; must be informed by the unique needs
of each individual patient and each presenting situation; and must:
(A) help restore or maintain the injured employee’s health;
(B) prevent deterioration of or palliate the injured employee’s condition; or
(C) prevent the reasonably likely onset of a health problem or detect an incipient problem.
(28) “Aerosolized airborne infectious agents” means microbial aerosols that can enter the
human body, usually through the respiratory tract, and cause disease, including mycobacterium
tuberculosis, meningococcal meningitis, varicella zoster virus, diphtheria, mumps,
pertussis, pneumonic plague, rubella, severe acute respiratory syndrome, anthrax,
and novel influenza.
(29) “Blood-borne pathogens” means pathogenic microorganisms that are present in human
blood and can cause disease in humans, including anthrax, hepatitis B virus (HBV),
hepatitis C virus (HCV), human immunodeficiency virus (HIV), rabies, vaccinia, viral
hemorrhagic fevers, and methicillin-resistant staphylococcus aureus.
(30) “Bodily fluids” means blood and bodily fluids containing blood or other potentially
infectious materials as defined in the Vermont Occupational Safety and Health Administration
Bloodborne Pathogen Standard (1910.1030). Bodily fluids also include respiratory,
salivary, and sinus fluids, including droplets, sputum and saliva, mucus, and other
fluids through which infectious airborne organisms can be transmitted between persons.
(31) “Medical case management” means the planning and coordination of health care services
appropriate to achieve the goal of medical rehabilitation.
(A) Medical case management may include medical case assessment, including a personal
interview with the injured employee; assistance in developing, implementing, and coordinating
a medical care plan with health care providers in consultation with the injured employee
and the employee’s family; and an evaluation of treatment results. The goal of medical
case management is to provide the injured employee with reasonable treatment options
to ensure that the injured employee can make an informed choice.
(B) Medical case managers shall not provide medical care or adjust claims.
(C) An injured employee shall be entitled to medical case management services if reasonably
supported. Reasonable support includes a recommendation made by a health care provider
or evidence demonstrating the injured employee’s medical recovery would benefit from
the services, or both. (Amended 1959, No. 222; 1965, No. 169; 1967, No. 122, § 1; 1969, No. 186 (Adj. Sess.), § 1; 1971, No. 241 (Adj. Sess.), §§ 1, 2; 1973, No. 64, § 1; 1973, No. 70, § 1; 1975, No. 177 (Adj. Sess.), § 1; 1975, No. 201 (Adj. Sess.); 1977, No. 182 (Adj. Sess.), §§ 1, 21, eff. May 3, 1978; 1981, No. 39; 1981, No. 165 (Adj. Sess.), §§ 1, 3, 4; 1981, No. 204 (Adj. Sess.), §§ 1, 2; 1983, No. 121 (Adj. Sess.), § 1, eff. March 28, 1984; 1985, No. 194 (Adj. Sess.), §§ 1, 2; 1987, No. 183 (Adj. Sess.), § 13; 1987, No. 189 (Adj. Sess.); 1993, No. 23, §§ 1, 2, eff. May 19, 1993; 1993, No. 225 (Adj. Sess.), §§ 1, 2; 1995, No. 180 (Adj. Sess.), § 38a; 1999, No. 41, §§ 2, 3; 2003, No. 132 (Adj. Sess.), §§ 4, 14, eff. May 26, 2004; 2005, No. 69, § 1; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 108 (Adj. Sess.), § 2; 2005, No. 209 (Adj. Sess.), § 32; 2005, No. 212 (Adj. Sess.), § 11, eff. May 29, 2006; 2007, No. 42, § 2; 2009, No. 61, § 26; 2011, No. 133 (Adj. Sess.), § 3; 2011, No. 155 (Adj. Sess.), § 44; 2013, No. 86, § 1; 2013, No. 96 (Adj. Sess.), § 136; 2013, No. 161 (Adj. Sess.), § 72; 2017, No. 80, § 23; 2017, No. 113 (Adj. Sess.), § 147; 2023, No. 26, § 1, eff. July 1, 2023; 2023, No. 85 (Adj. Sess.), § 120, eff. July 1, 2024; 2023, No. 184 (Adj. Sess.), § 11, eff. July 1, 2024; 2025, No. 40, § 22, eff. July 1, 2025.)