Committee signs off on workers' compensation rule changes tied to 2023 statute

Dirk Anderson, Director of Workers' Compensation and Safety at the Vermont Department of Labor, told LCAR that Rule 24 P 22 updates the department’s workers' compensation rules to implement statutory changes from 2023 (Act 76/H.217) and that most amendments reflect those legislative changes rather than new policy.

Committee discussion focused on a previously adopted rule from 2015 that provided indemnity-like wage replacement for volunteer firefighters. Beth (department staff) explained that the 2015 provision exceeded statutory authority because volunteers without outside paid employment have no wages to replace; the department proposes deleting the rule and noted that wage replacement for volunteers would require a statutory change by the Legislature. The department clarified that volunteer firefighters who do have outside paid employment remain eligible for wage replacement tied to that outside job.

A motion to approve Rule 24 P 22 with department-submitted modifications (memorandum dated 10/25/2024) passed by voice vote. Committee members asked for the record clarification that volunteer firefighters with outside paid work remain entitled to wage-replacement benefits for that outside work if injured.

The rule reflects the department's implementation of Act 76 statutory changes and is intended to align administrative rules with the statute rather than create new benefits beyond legislative authority.