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No. 76 Page 43 of 74 2023

VT LEG #371318 v.1 parties that the treatment has benefits have been authorized by operation of law. (c)(d) If the insurer denies the preauthorization of the treatment benefits pursuant to subdivision (a)(2) or (b)(2), (3), or (4) of this section, the Commissioner may, on his or her the Commissioner’s own initiative or upon a request by the claimant, issue an order authorizing the treatment benefits if he or she the Commissioner finds that the evidence shows that the treatment is benefits are reasonable, necessary, and related to the work injury. Sec. 30. 21 V.S.A. § 643d is added to read: § 643d. WORK SEARCH; REQUIREMENTS; EXCEPTIONS (a) An employer may require an employee who is receiving temporary disability benefits pursuant to section 646 of this chapter to engage in a good faith search for suitable work if: (1) the injured employee is medically released to return to work, either with or without limitations; (2) the employer has provided the injured employee with written notification that the employee is medically released to return to work and the notification describes any applicable limitations; and (3) the employer cannot offer the injured employee work that the employee is medically released to do. (b) An injured employee shall not be required to engage in a good faith search for suitable work if the employee:

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Page 43

Official source

No. 76 Page 43 of 74 2023

VT LEG #371318 v.1 parties that the treatment has benefits have been authorized by operation of law. (c)(d) If the insurer denies the preauthorization of the treatment benefits pursuant to subdivision (a)(2) or (b)(2), (3), or (4) of this section, the Commissioner may, on his or her the Commissioner’s own initiative or upon a request by the claimant, issue an order authorizing the treatment benefits if he or she the Commissioner finds that the evidence shows that the treatment is benefits are reasonable, necessary, and related to the work injury. Sec. 30. 21 V.S.A. § 643d is added to read: § 643d. WORK SEARCH; REQUIREMENTS; EXCEPTIONS (a) An employer may require an employee who is receiving temporary disability benefits pursuant to section 646 of this chapter to engage in a good faith search for suitable work if: (1) the injured employee is medically released to return to work, either with or without limitations; (2) the employer has provided the injured employee with written notification that the employee is medically released to return to work and the notification describes any applicable limitations; and (3) the employer cannot offer the injured employee work that the employee is medically released to do. (b) An injured employee shall not be required to engage in a good faith search for suitable work if the employee: