Vermont Statutes Title 21 Sec. 675
Terms Used In Vermont Statutes Title 21 Sec. 675
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the Commissioner of Labor or the Commissioner's designee. See
- 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
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Insurance carrier: includes any corporation from which an employer has obtained workers' compensation insurance or guaranty insurance in accordance with the provisions of this chapter. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
§ 675. Enforcement of award
(a) If an award is made under the provisions of this chapter, including interim orders, issued pursuant to sections 643a and 662 of this title, or an agreement is approved by the Commissioner, and the employer or insurance carrier fails to comply with the award or agreement, the employee, subject to the stay provisions of subsection (b) of this section, may proceed to collect all or any part of past due installments in any court of law having jurisdiction of the amount involved. If the employee prevails, interest, reasonable attorney’s fees, and costs shall be allowed.
(b) Any award or order of the Commissioner shall be of full effect from issuance unless stayed by the Commissioner, any appeal notwithstanding. Any request for a stay shall be filed with the Commissioner at the time of filing a notice of appeal. The Commissioner, after allowing the prevailing party 10 days within which to be heard in writing on the request, shall respond within 15 days to the request for stay. The response of the Commissioner shall detail his or her reasons for granting, denying, or modifying the request and shall be a part of the record on appeal. No stay shall exist unless granted pursuant to this subsection.
(c) An employer who fails to make payment due to an employee under this chapter pursuant to an executed agreement under sections 642, 644, 646, or 648 of this title or pursuant to an interim order of the Commissioner within 15 days after the payment is due shall also pay the employee interest on the unpaid compensation at the statutory rate. (Amended 1985, No. 194 (Adj. Sess.), § 7; 1997, No. 19, § 5.)