Vermont § 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

§ 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.)