(a) A notice given under the provisions of this chapter shall not be held invalid or insufficient
by reason of any inaccuracy in stating the time, place, nature, or cause of the injury,
or otherwise, unless it is shown that the employer was in fact misled to the injury
as a result of the inaccuracy. Want of or delay in giving notice, or in making a claim,
shall not be a bar to proceedings under the provisions of this chapter, if it is shown
that the employer, the employer’s agent, or representative had knowledge of the accident
or that the employer has not been prejudiced by the delay or want of notice. Proceedings
to initiate a claim for a work-related injury pursuant to this chapter may not be
commenced after three years from the date of injury. This section shall not be construed
to limit subsequent claims for benefits stemming from a timely filed work-related
injury claim.
(b) Notwithstanding subsection (a) of this section, a claim for occupational disease shall
be made within two years of the date the occupational disease is reasonably discoverable
and apparent. (Amended 1993, No. 225 (Adj. Sess.), § 10; 1999, No. 41, § 6; 2003, No. 132 (Adj. Sess.), § 6, eff. May 26, 2004.)
Notes of Decisions
Cited in 9
cases, 1985–2019 · leading case: Smiley v. State, 2015 VT 42 (Vt. 2015).
Smiley v. State, 2015 VT 42 (Vt. 2015). · cites it 12ד), § 10 (codified as 21 V.S.A. § 660). [7] The limitation period for workers’ compensation claims originally was derived from that for contract actions generally, which was six years.”
Murray v. Luzenac Corp., 2003 VT 37 (Vt. 2003). · cites it 8ד41, § 8(a)(1)); (2) applying the “discovery rule” from 21 V.S.A. § 660(b); and (3) relying upon the Commissioner’s earlier decision in Sheltra v.”
Carter v. Fred's Plumbing & Heating, Inc., 816 A.2d 490 (Vt. 2002). · cites it 3דSecond, he claims that if the ODA does not apply, then 21 V.S.A. § 660(b) applies, and his claim is not time-barred under that statute.”
Longe v. Boise Cascade Corp., 762 A.2d 1248 (Vt. 2000). · cites it 3ד§ 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.”
Hartman v. Ouellette Plumbing & Heating Corp., 507 A.2d 952 (Vt. 1985). “21 V.S.A. § 660, describing the sufficiency of notice of injury, states: Want of or delay in giving such notice, or in making such claim, shall not be a bar to proceedings under the provisions of this chapter if it is shown that the employer, his agent or representative, had…”
Lydia Diamond v. Burlington Free Press, 178 A.3d 335 (Vt. 2017). · cites it 4דSee 21 V.S.A. § 660(a) ("Proceedings to initiate a claim for a work-related injury pursuant to this chapter may not be commenced after three years from the date of injury.”
Sheltra v. Vermont Asbestos Grp., 2003 VT 22 (Vt. 2003). · cites it 2דThe Commissioner held that the applicable statute of limitations is that encompassed in 21 V.S.A. § 660(b), and that plaintiff properly filed his claim within two years of the date of the discovery of the injury.”
Kraby v. Vermont Tel. Co., 2004 VT 120 (Vt. 2004). “Employer’s workers’ compensation earner denied the claim on the ground that it was filed more than six years after the date of injury, and was therefore untimely under 21 V.S.A. § 660(a), which provides that “[p]roceedings to initiate a claim for benefits pursuant to this…”
Sullivan v. Saint-Gobain Performance Plastics Corp. (D. Vt. 2019). “21 V.S.A. § 660(b). These statutes of limitations do not directly address the issue of remedy that is before this court, but they do illuminate the continuing concern of the legislature with providing legal recourse for individuals injured through exposure to toxic substances.”
— Vt. Stat. Ann. tit. 21, § 660(a) — 3 cases
Smiley v. State, 2015 VT 42 (Vt. 2015). “), § 10 (codified as 21 V.S.A. § 660). [7] The limitation period for workers’ compensation claims originally was derived from that for contract actions generally, which was six years.”
Lydia Diamond v. Burlington Free Press, 178 A.3d 335 (Vt. 2017). “See 21 V.S.A. § 660(a) ("Proceedings to initiate a claim for a work-related injury pursuant to this chapter may not be commenced after three years from the date of injury.”
Kraby v. Vermont Tel. Co., 2004 VT 120 (Vt. 2004). “Employer’s workers’ compensation earner denied the claim on the ground that it was filed more than six years after the date of injury, and was therefore untimely under 21 V.S.A. § 660(a), which provides that “[p]roceedings to initiate a claim for benefits pursuant to this…”
— Vt. Stat. Ann. tit. 21, § 660(b) — 4 cases
Murray v. Luzenac Corp., 2003 VT 37 (Vt. 2003). “41, § 8(a)(1)); (2) applying the “discovery rule” from 21 V.S.A. § 660(b); and (3) relying upon the Commissioner’s earlier decision in Sheltra v.”
Carter v. Fred's Plumbing & Heating, Inc., 816 A.2d 490 (Vt. 2002). “Second, he claims that if the ODA does not apply, then 21 V.S.A. § 660(b) applies, and his claim is not time-barred under that statute.”
Sheltra v. Vermont Asbestos Grp., 2003 VT 22 (Vt. 2003). “The Commissioner held that the applicable statute of limitations is that encompassed in 21 V.S.A. § 660(b), and that plaintiff properly filed his claim within two years of the date of the discovery of the injury.”
Sullivan v. Saint-Gobain Performance Plastics Corp. (D. Vt. 2019). “21 V.S.A. § 660(b). These statutes of limitations do not directly address the issue of remedy that is before this court, but they do illuminate the continuing concern of the legislature with providing legal recourse for individuals injured through exposure to toxic substances.”
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