The Vermont Statutes Online

Title 21: Labor

Chapter 1: COMMISSIONER OF LABOR

21 V.S.A. § 1. Department created; commissioner, appointment



§ 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 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.)