Page 49

No. 76 Page 49 of 74 2023

VT LEG #371318 v.1 (e)(1) If weekly compensation benefits or weekly accrued benefits are not paid within 21 days after becoming due and payable pursuant to an order of the Commissioner, or in cases in which the overdue benefit is not in dispute, 10 percent of the overdue amount shall be added and paid to the employee, in addition to any amounts due pursuant to subsection (f) of this section and interest and any other penalties. (2) In the case of an initial claim, benefits are due and payable upon entering into an agreement pursuant to subsection 662(a) of this title, upon issuance of an order of the Commissioner pursuant to subsection 662(b) of this title, or if the employer has not denied the claim within 21 days after the claim is filed. (3) Benefits are in dispute if the claimant has been provided actual written notice of the dispute within 21 days of after the benefit being due and payable and the evidence reasonably supports the denial. (4) Interest shall accrue and be paid on benefits that are found to be compensable during the period of nonpayment. (5) The Commissioner shall promptly review requests for payment under this section and, consistent with subsection 678(d) of this title, shall allow for the recovery of reasonable attorney’s fees associated with an employee’s successful request for payment under this subsection. (f)(1)(A) When benefits have been awarded or are not in dispute as provided in subsection (e) of this section, the employer shall establish a