, Question 1
An adjuster is evaluating a claim where the injured worker's average weekly
wage (AWW) is $1,200. Vermont's maximum compensation rate is $1,000. The
worker has a 15% permanent partial impairment (PPI) to the whole person.
Under Vermont law, how is the weekly PPI benefit calculated?
A. 15% of the AWW, subject to the maximum compensation rate.
B. 15% of the maximum compensation rate, not to exceed the AWW.
C. The PPI benefit is a lump sum equal to 15% of the AWW multiplied
by 260 weeks.
D. The PPI benefit is calculated as 15% of the AWW, but not less than the
minimum compensation rate.
Correct Answer: B - 15% of the maximum compensation rate, not
to exceed the AWW.
RATIONALE
In Vermont, permanent partial impairment benefits are calculated as a
percentage of the maximum compensation rate, not the worker's
AWW. The correct formula is PPI percentage × maximum
compensation rate, subject to the AWW cap. Options A and D
incorrectly use AWW as the base; C incorrectly describes a lump-sum
calculation not used for PPI in Vermont.
Question 2
Which of the following scenarios best illustrates the 'going and coming' rule
exception under Vermont workers' compensation law?
A. An employee is injured while commuting to work in a company
vehicle.
B. An employee is injured while traveling to a required off-site training
session paid for by the employer.
C. An employee is injured while walking from the parking lot to the
office entrance.
Page 2
, D. An employee is injured during a lunch break at a restaurant across the
street.
Correct Answer: B - An employee is injured while traveling to a
required off-site training session paid for by the employer.
RATIONALE
The 'going and coming' rule generally bars compensation for injuries
during normal commuting. However, exceptions exist when the
employee is on a special mission for the employer, such as attending
required off-site training. Option A may be covered if the vehicle is
provided and commuting is part of the job, but B is the clearest
exception. C and D are typical non-compensable commuting or
personal errand situations.
Question 3
In Vermont, an injured worker files a claim for benefits. The employer contests
compensability, arguing the injury occurred during a voluntary recreational
activity. Which legal test will the Vermont Department of Labor most likely
apply?
A. The 'personal comfort' doctrine.
B. The 'dual purpose' doctrine.
C. The 'actual risk' test.
D. The 'positional risk' test.
Correct Answer: C - The 'actual risk' test.
RATIONALE
Vermont follows the 'actual risk' test for determining compensability
of injuries arising out of employment. Under this test, the injury must
be caused by a risk distinctly associated with the employment, not a
risk common to the public. The personal comfort doctrine (A) applies
to breaks, dual purpose (B) to mixed business/personal trips, and
positional risk (D) is a broader standard not used in Vermont.
Page 3
, Question 4
An adjuster is reviewing a claim for a worker who suffered a back injury and
was subsequently terminated for cause. The worker claims ongoing temporary
total disability (TTD) benefits. Under Vermont law, what is the effect of the
termination on TTD benefits?
A. TTD benefits continue indefinitely regardless of termination.
B. TTD benefits terminate automatically upon termination for cause.
C. TTD benefits may continue if the termination is unrelated to the injury,
but the adjuster must prove the worker is not work-capable.
D. TTD benefits are converted to permanent partial disability benefits.
Correct Answer: C - TTD benefits may continue if the
termination is unrelated to the injury, but the adjuster must
prove the worker is not work-capable.
RATIONALE
In Vermont, termination for cause does not automatically terminate
TTD benefits if the worker remains medically unable to work due to
the injury. The adjuster must demonstrate that the worker is no longer
work-capable or that suitable work is available. Options A and B are
too absolute; D is incorrect because PPI requires a permanency rating.
Question 5
Which Vermont statute governs the coordination of workers' compensation
benefits with Social Security Disability Insurance (SSDI) benefits?
A. 21 V.S.A. § 642
B. 21 V.S.A. § 650
C. 21 V.S.A. § 660
D. 21 V.S.A. § 675
Correct Answer: B - 21 V.S.A. § 650
Page 4
An adjuster is evaluating a claim where the injured worker's average weekly
wage (AWW) is $1,200. Vermont's maximum compensation rate is $1,000. The
worker has a 15% permanent partial impairment (PPI) to the whole person.
Under Vermont law, how is the weekly PPI benefit calculated?
A. 15% of the AWW, subject to the maximum compensation rate.
B. 15% of the maximum compensation rate, not to exceed the AWW.
C. The PPI benefit is a lump sum equal to 15% of the AWW multiplied
by 260 weeks.
D. The PPI benefit is calculated as 15% of the AWW, but not less than the
minimum compensation rate.
Correct Answer: B - 15% of the maximum compensation rate, not
to exceed the AWW.
RATIONALE
In Vermont, permanent partial impairment benefits are calculated as a
percentage of the maximum compensation rate, not the worker's
AWW. The correct formula is PPI percentage × maximum
compensation rate, subject to the AWW cap. Options A and D
incorrectly use AWW as the base; C incorrectly describes a lump-sum
calculation not used for PPI in Vermont.
Question 2
Which of the following scenarios best illustrates the 'going and coming' rule
exception under Vermont workers' compensation law?
A. An employee is injured while commuting to work in a company
vehicle.
B. An employee is injured while traveling to a required off-site training
session paid for by the employer.
C. An employee is injured while walking from the parking lot to the
office entrance.
Page 2
, D. An employee is injured during a lunch break at a restaurant across the
street.
Correct Answer: B - An employee is injured while traveling to a
required off-site training session paid for by the employer.
RATIONALE
The 'going and coming' rule generally bars compensation for injuries
during normal commuting. However, exceptions exist when the
employee is on a special mission for the employer, such as attending
required off-site training. Option A may be covered if the vehicle is
provided and commuting is part of the job, but B is the clearest
exception. C and D are typical non-compensable commuting or
personal errand situations.
Question 3
In Vermont, an injured worker files a claim for benefits. The employer contests
compensability, arguing the injury occurred during a voluntary recreational
activity. Which legal test will the Vermont Department of Labor most likely
apply?
A. The 'personal comfort' doctrine.
B. The 'dual purpose' doctrine.
C. The 'actual risk' test.
D. The 'positional risk' test.
Correct Answer: C - The 'actual risk' test.
RATIONALE
Vermont follows the 'actual risk' test for determining compensability
of injuries arising out of employment. Under this test, the injury must
be caused by a risk distinctly associated with the employment, not a
risk common to the public. The personal comfort doctrine (A) applies
to breaks, dual purpose (B) to mixed business/personal trips, and
positional risk (D) is a broader standard not used in Vermont.
Page 3
, Question 4
An adjuster is reviewing a claim for a worker who suffered a back injury and
was subsequently terminated for cause. The worker claims ongoing temporary
total disability (TTD) benefits. Under Vermont law, what is the effect of the
termination on TTD benefits?
A. TTD benefits continue indefinitely regardless of termination.
B. TTD benefits terminate automatically upon termination for cause.
C. TTD benefits may continue if the termination is unrelated to the injury,
but the adjuster must prove the worker is not work-capable.
D. TTD benefits are converted to permanent partial disability benefits.
Correct Answer: C - TTD benefits may continue if the
termination is unrelated to the injury, but the adjuster must
prove the worker is not work-capable.
RATIONALE
In Vermont, termination for cause does not automatically terminate
TTD benefits if the worker remains medically unable to work due to
the injury. The adjuster must demonstrate that the worker is no longer
work-capable or that suitable work is available. Options A and B are
too absolute; D is incorrect because PPI requires a permanency rating.
Question 5
Which Vermont statute governs the coordination of workers' compensation
benefits with Social Security Disability Insurance (SSDI) benefits?
A. 21 V.S.A. § 642
B. 21 V.S.A. § 650
C. 21 V.S.A. § 660
D. 21 V.S.A. § 675
Correct Answer: B - 21 V.S.A. § 650
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