§ 656. Notice of injury and claim for compensation
(a) A proceeding under the provisions of this chapter for compensation shall not be maintained
unless a notice of the injury has been given to the employer as soon as practicable
after the injury occurred, and unless a claim for compensation with respect to an
injury has been made within six months after the date of the injury; or, in case of
death, within six months after death, unless the claimant had made a claim for compensation
prior to death.
(b) The date of injury, or in the case of occupational disease, the date of injurious
exposure shall be the point in time when the injury or disease, and its relationship
to the employment is reasonably discoverable and apparent. If that date occurs after
the employee has ceased all employment, the employee shall be entitled to reasonable
and necessary medical treatment necessitated by the injury and permanent partial or
permanent total disability compensation based on the employee’s average weekly wage
at the time of the last work-related exposure.
(c) The notice and claim may be given or made by any person claiming to be entitled to
compensation or by someone in the employee’s behalf. If payments of compensation have
been made voluntarily, the making of a claim within this period shall not be required.
If the claim is denied after voluntary payments were made, the claimant shall commence
proceedings under this chapter within six months from the date of denial. (Amended 1993, No. 225 (Adj. Sess.), § 9; 1999, No. 41, § 5.)
Hartman v. Ouellette Plumbing & Heating Corp., 507 A.2d 952 (Vt. 1985). · cites it 4דThe six-year statute of limitations period, however, is only one of two limitations periods in worker’s compensation proceedings in Vermont. First, an injured worker must not only give his employer notice of injury as soon as is practicable after the injury, he must also file a…”
Longe v. Boise Cascade Corp., 762 A.2d 1248 (Vt. 2000). · cites it 3דFirst, under 21 V.S.A. § 656, a claimant (1) must file a notice of injury with the employer “as soon as practicable” after he or she sustains an injury, and (2) must file a claim “within six months after the date of the injury.”
Leo v. Hillman, 665 A.2d 572 (Vt. 1995). “§ 515 (suit to annul marriage on ground of physical incapacity shall be brought within two years from solemnization of the marriage); 21 VS.A. § 656 (proceeding for workers’ compensation shall not be maintained unless employer is given notice of injury and “a claim for…”
Angolano v. City of South Burlington, 453 A.2d 402 (Vt. 1982). “Several days after this latest incident, plaintiff filed the appropriate “notice of injury” form, 21 V.S.A. § 656, indicating that the accident occurred “since the 1st day of July, 1970.”
Kraby v. Vermont Tel. Co., 2004 VT 120 (Vt. 2004). “Employer also asserts that claimant failed to satisfy the threshold requirements of 21 V.S.A. § 656(a), which requires notice of an injury “as soon as practicable after the injury occurred,” and a “claim for compensation .”
Merrill v. Town of Ludlow, 514 A.2d 1050 (Vt. 1986). “21 V.S.A. § 656 states, in pertinent part: A proceeding under the provisions of this chapter for compensation shall not be maintained unless a notice of the injury has been given to the employer as soon as practicable after the happening thereof, and unless a claim for…”
King v. Fed. Deposit Ins., 785 F. Supp. 58 (D. Vt. 1992). “§ 1659; claims for worker’s compensation, 21 V.S.A. § 656. Furthermore, it is not irrational for the statutory time period for the bringing of such claims to commence with the time of the auction sale or consignment, since such claims necessarily arise at the time of the auction…”
Marcum v. State of Vermont Agency of Human Servs., 2012 VT 3 (Vt. 2012). “Upon nurse’s appeal, the commissioner certified the following two questions to the trial court: “(1) Was claimant an employee of [the Agency] at the time of her June 5, 2007 injury”; (2) If yes, is claimant’s current claim time-barred under the provisions of 21 V.”
— Vt. Stat. Ann. tit. 21, § 656(a) — 1 case
Kraby v. Vermont Tel. Co., 2004 VT 120 (Vt. 2004). “Employer also asserts that claimant failed to satisfy the threshold requirements of 21 V.S.A. § 656(a), which requires notice of an injury “as soon as practicable after the injury occurred,” and a “claim for compensation .”
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