Committee hears push to make medical case management an entitlement and raise late‑payment penalties in workers' comp bill

The Vermont House Committee on Commerce and Economic Development on April 4 heard testimony on S.125 that would add medical case management and translation access to the state workers' compensation statute and change the penalty structure for untimely indemnity payments.

Kelly Massacott, a practicing attorney in Montpelier with the law firm Bigham Fox Skinner representing the Vermont Association of Justice, told the committee the bill would make existing medical case management services an entitlement for injured workers under Title 21 and outlined four principal changes: a statutory definition of medical case management, entitlement when reasonably supported, access to translation services, and a revised penalty schedule for late wage‑replacement payments. "The proposed addition to the definitions under 21 V.S.A. §601 would grant claimants, injured workers, entitlement to these services if the evidence supports it," Massacott said.

Massacott urged the panel to keep the bill's current language defining "reasonable support" to include either a treating health care provider's recommendation or other evidence showing the injured worker would benefit from case management. "A health care provider recommending it is important, but it's also important that there might be other evidence,"…