The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 21 V.S.A. § 643a)
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§ 643a. Discontinuance of benefits
Unless an injured worker has successfully returned to work, an employer shall notify
both the Commissioner and the employee prior to terminating benefits under either
section 642 or 646 of this title. The notice of intention to discontinue payments shall be filed on forms prescribed
by the Commissioner and shall include the date of the proposed discontinuance, the
reasons for it, and, if the employee has been out of work for 90 days, a verification
that the employer offered vocational rehabilitation screening and services as required
under this chapter. All relevant evidence, including evidence that does not support
discontinuance in the possession of the employer not already filed, shall be filed
with the notice. The liability for the payments shall continue for seven days after
the notice is received by the Commissioner and the employee. If the claimant disputes
the discontinuance, the claimant may file with the Commissioner an objection to the
discontinuance and seek an extension of 14 days. The objection to the discontinuance
shall be specific as to the reasons and include supporting evidence. A copy of the
objection shall be provided to the employer at the time the request is made to the
Commissioner. The payments shall be made without prejudice to the employer and may
be deducted from any amounts due pursuant to section 648 of this title if the Commissioner determines that the discontinuance is warranted or if otherwise
ordered by the Commissioner. Every notice shall be reviewed by the Commissioner to
determine the sufficiency of the basis for the proposed discontinuance. If, after
review of all the evidence in the file, the Commissioner finds that a preponderance
of all the evidence in the file does not reasonably support the proposed discontinuance,
the Commissioner shall order that payments continue until a hearing is held and a
decision is rendered. Prior to a formal hearing, an injured worker may request reinstatement
of benefits by providing additional new evidence to the Department that establishes
that a preponderance of all evidence now supports the claim. If the Commissioner’s
decision, after a hearing, is that the employee was not entitled to any or all benefits
paid between the discontinuance and the final decision, upon request of the employer,
the Commissioner may order that the employee repay all benefits to which the employee
was not entitled. The employer may enforce a repayment order in any court of law having
jurisdiction. (Added 2013, No. 199 (Adj. Sess.), § 54b, eff. July 1, 2023 per 2017, No. 148 (Adj. Sess.), § 5; amended 2023, No. 72, § 42, eff. June 19, 2023; 2023, No. 76, § 28, eff. June 20, 2023.)