By Law Office of Aili Obandja
If your Vermont workers’ compensation benefits have already stopped—or you receive notice that they are about to stop—you may be worried about paying your bills or continuing medical care. The deadline to challenge a proposed discontinuance may be very short. If payments stopped without notice, different rules or exceptions may apply.
A dispute over stopped benefits is different from starting a new workers’ compensation claim. You are already in the system and have received benefits. The immediate question is whether the insurance carrier has a sufficient basis to discontinue those benefits and whether you have evidence supporting their continuation.
Start by Reading the Notice Carefully
In many cases, an insurance carrier seeking to stop benefits must file an Employer’s Notice of Intention to Discontinue Payments, commonly called Form 27. The notice should identify the benefit the carrier intends to stop, the proposed discontinuance date, and the reason for the decision. It should also include the relevant evidence in the carrier’s possession, including evidence that does not support discontinuance.
Form 27 does not apply to every discontinuance. Different procedures or exceptions may apply when an injured worker has successfully returned to work, benefits were paid without prejudice, or the carrier seeks to discontinue certain permanent disability or death benefits. If your payments stopped without Form 27, the absence of that form does not by itself establish that the carrier acted improperly; the applicable procedure depends on the type of benefit and the reason payments ended.
The reason matters. A carrier may claim, for example, that you have returned to work, that you have reached an end medical result, that your current condition is no longer related to the work injury, or that particular medical treatment is no longer necessary. The evidence needed to challenge the notice will depend on the reason given.
Do not assume that a Form 27 means the Department has already made a final decision against you. Vermont law requires the Commissioner of Labor to review the proposed discontinuance and determine whether the evidence reasonably supports it.
You May Have Only Seven Days to Act
Important: If you seek a 14-day extension, your written objection and extension request generally must be filed within seven days after you receive Form 27.
Under Vermont law, benefits generally continue for seven days after the Commissioner and the injured worker receive the discontinuance notice. If you disagree, you may submit a written objection to the Commissioner and request that the effective date be extended for 14 days. Under Vermont Workers’ Compensation Rule 12.1900, the objection and extension request must be filed with the Commissioner within seven days after you receive Form 27. You must provide a copy to the employer or insurance carrier, specifically identify why you object, and include supporting evidence.
A request for a 14-day extension does not automatically extend benefits. The Commissioner will promptly review the request and either approve or deny it.
Note the date you received the notice and keep the envelope and every attachment.
What Should You Do After Receiving Form 27?
1. Identify Exactly What Benefits the Carrier Wants to Stop
Determine whether the notice concerns temporary disability payments, medical benefits, a particular treatment, medication, or another benefit. A notice stopping weekly wage-replacement checks may require a different response from one disputing future medical care.
2. Review the Carrier’s Reason and Evidence
Read the medical report, work release, independent medical examination, or other material attached to the notice. Look for factual errors, missing records, outdated restrictions, or conclusions that conflict with your treating provider’s opinion.
3. Contact Your Medical Provider
If the discontinuance is based on your medical condition or work capacity, your provider’s records and opinions may be important. Ask the provider to address the specific issue raised in the notice. A general statement that you are still having pain may not answer a carrier’s claim that you can return to work or that treatment is no longer related to the injury.
4. Gather Supporting Documents
Depending on the dispute, useful documents may include:
Current medical records and work restrictions;
A treating provider’s explanation of why you cannot return to work;
Documentation showing that an offered job exceeds your restrictions;
Records showing that ongoing treatment remains necessary and related to the work injury;
Wage records if you returned to work at reduced hours or lower wages; and
Communications with the employer, adjuster, vocational rehabilitation counselor, or medical providers.
5. Submit a Specific Written Objection Promptly
Your objection must be in writing. Respond directly to the reason stated on Form 27 and gather the supporting evidence identified above. If you seek a 14-day extension, follow the seven-day filing requirements explained in the preceding section. Keep proof of when and how your written objection and supporting materials were submitted.
6. Consider Speaking With a Vermont Workers’ Compensation Attorney
An attorney can review whether the notice is properly supported, identify the evidence needed to challenge it, and help you navigate the Department’s dispute process—particularly when weekly checks have stopped, medical treatment is at risk, or an independent medical examination conflicts with your treating provider.
Get Help With Stopped Workers’ Compensation Benefits
If your Vermont workers’ compensation benefits stopped—or you received notice that they are about to stop—the Law Office of Aili Obandja represents injured workers in Vermont workers’ compensation matters. Call 802-556-3582 to discuss your claim and the next steps that may be available.
Disclaimer
This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every workers’ compensation claim depends on its medical evidence, work restrictions, job history, and procedural facts. If you need advice about your particular situation, you should consult an attorney.
