Vermont Statutes Title 21 Sec. 646
Terms Used In Vermont Statutes Title 21 Sec. 646
- Child: includes a stepchild, adopted child, posthumous child, grandchild, and a child for whom parentage has been established pursuant to 15 Vt. See
- Dependent: A person dependent for support upon another.
- employee: means an individual who has entered into the employment of, or works under contract of service or apprenticeship with, an employer. See
- Employer: includes any body of persons, corporate or unincorporated, public or private, and the legal representative of a deceased employer, and includes the owner or lessee of premises or other person who is virtually the proprietor or operator of the business there carried on, but who, by reason of there being an independent contractor or for any other reason, is not the direct employer of the workers there employed. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 646. Temporary partial disability benefits
(a)(1) Where the disability for work resulting from an injury is partial, beginning on the eighth day of the period of disability, the employer shall pay the injured employee a weekly compensation equal to the greater of:
(A) the difference between the amount the injured employee would be eligible to receive pursuant to section 642 of this chapter, including any applicable cost of living adjustment or dependency benefits that would be due, and the wage the injured employee earns during the period of disability; and
(B) two-thirds of the difference between the injured employee’s average weekly wage before the injury and the amount the employee earns during the period of disability.
(2) Compensation paid pursuant to this subsection shall be adjusted on the first July 1 following the receipt of 26 weeks of benefits and annually on each subsequent July 1, so that the compensation continues to bear the same percentage relationship to the average weekly wage in the State as it did at the time of injury.
[Subsection (b) effective until July 1, 2028; see also subsection (b) effective July 1, 2028 set out below]
(b)(1) In addition to the amount paid pursuant to subsection (a) of this section, the employer shall pay the injured employee during the disability $20.00 per week for each dependent child under 21 years of age, provided that no other injured worker is receiving the same benefits on behalf of the dependent child or children.
(2) The amount allowed for dependent children shall be adjusted weekly to reflect the number of dependent children during each week of payment.
[Subsection (b) effective July 1, 2028; see also subsection (b) effective until July 1, 2028 set out above]
(b) [Repealed.] (Amended 1963, No. 191, § 5; 1965, No. 67, § 4; 1967, No. 122, § 8; 1981, No. 204 (Adj. Sess.), § 8; 1991, No. 264 (Adj. Sess.), § 2; 2023, No. 76, § 31, eff. July 1, 2023; 2023, No. 76, § 32, eff. July 1, 2028.)
§ 646. Temporary partial disability benefits [Effective July 1, 2028]
(a)(1) Where the disability for work resulting from an injury is partial, beginning on the eighth day of the period of disability, the employer shall pay the injured employee a weekly compensation equal to the greater of:
(A) the difference between the amount the injured employee would be eligible to receive pursuant to section 642 of this chapter, including any applicable cost of living adjustment or dependency benefits that would be due, and the wage the injured employee earns during the period of disability; and
(B) two-thirds of the difference between the injured employee’s average weekly wage before the injury and the amount the employee earns during the period of disability.
(2) Compensation paid pursuant to this subsection shall be adjusted on the first July 1 following the receipt of 26 weeks of benefits and annually on each subsequent July 1, so that the compensation continues to bear the same percentage relationship to the average weekly wage in the State as it did at the time of injury.
(b) [Repealed.] (Amended 1963, No. 191, § 5; 1965, No. 67, § 4; 1967, No. 122, § 8; 1981, No. 204 (Adj. Sess.), § 8; 1991, No. 264 (Adj. Sess.), § 2; 2023, No. 76, § 31, eff. July 1, 2023; 2023, No. 76, § 32, eff. July 1, 2028.)