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No. 76 Page 50 of 74 2023

VT LEG #371318 v.1 weekday on which payment shall be mailed or deposited and notify the claimant and the Department of that day. The employer shall ensure that each weekly payment is mailed or deposited on or before the day established. (B) Payment shall be made by direct deposit to a claimant who elects that payment method. The employer shall notify the claimant of his or her the claimant’s right to payment by direct deposit. (2) If the benefit payment is not mailed or deposited on the day established, the employer shall pay to the claimant a late fee of $10.00 or five percent of the benefit amount, whichever is greater, for each weekly payment that is made after the established day. (3) As used in this subsection, “paid” means the payment is mailed to the claimant’s mailing address or, in the case of direct deposit, transferred into the designated account. In the event of a dispute, proof of payment shall be established by affidavit. Sec. 37. 21 V.S.A. § 678 is amended to read: § 678. COSTS; ATTORNEY’S FEES (a) Necessary costs of proceedings under this chapter, including deposition expenses, subpoena fees, and expert witness fees, shall be assessed by the Commissioner against the employer or its workers’ compensation carrier when the claimant prevails. The Commissioner may allow the claimant to recover reasonable attorney’s fees when the claimant prevails. Costs shall not be taxed or allowed either party except as provided in this section.

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Official source

No. 76 Page 50 of 74 2023

VT LEG #371318 v.1 weekday on which payment shall be mailed or deposited and notify the claimant and the Department of that day. The employer shall ensure that each weekly payment is mailed or deposited on or before the day established. (B) Payment shall be made by direct deposit to a claimant who elects that payment method. The employer shall notify the claimant of his or her the claimant’s right to payment by direct deposit. (2) If the benefit payment is not mailed or deposited on the day established, the employer shall pay to the claimant a late fee of $10.00 or five percent of the benefit amount, whichever is greater, for each weekly payment that is made after the established day. (3) As used in this subsection, “paid” means the payment is mailed to the claimant’s mailing address or, in the case of direct deposit, transferred into the designated account. In the event of a dispute, proof of payment shall be established by affidavit. Sec. 37. 21 V.S.A. § 678 is amended to read: § 678. COSTS; ATTORNEY’S FEES (a) Necessary costs of proceedings under this chapter, including deposition expenses, subpoena fees, and expert witness fees, shall be assessed by the Commissioner against the employer or its workers’ compensation carrier when the claimant prevails. The Commissioner may allow the claimant to recover reasonable attorney’s fees when the claimant prevails. Costs shall not be taxed or allowed either party except as provided in this section.