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NO. 85. AN ACT RELATING TO WORKERS' COMPENSATION.

(H.844)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. PURPOSE

The purpose of this act is to negate the effect of the Vermont Supreme Court decision in Grather v. The Gables Inn, Ltd.

Sec. 2. 21 V.S.A. § 618(a) is amended to read:

(a)(1) If a worker receives a personal injury by accident arising out of and in the course of employment by an employer subject to this chapter, the employer or the insurance carrier shall pay compensation in the amounts and to the person hereinafter specified. The compensation of a person who is under guardianship shall be paid to *[his]* the person’s guardian.

(2) If the injury occurred while engaged off the premises of the employer in a recreational activity that is available to the employee as part of the employee’s compensation package or as an inducement to attract employees, it shall not be considered to have occurred in the course of employment unless the commissioner finds at least one of the following:

(A) The employer derived substantial benefit from the activity, beyond that of attracting labor or improving employee health and morale.

(B) The activity was reasonably part of the employee’s regular duties or undertaken to meet the expectations of the employer.

(C) The activity was undertaken at the request of the employer.

(3) An injury arising from an on-premises recreational activity shall be presumed to be compensable unless the activity is shown to be not reasonably related to employment duties, requirements or a regular incident of employment.

Sec. 3. EFFECTIVE DATE

This act shall take effect from passage.

Approved: April 19, 2000