reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-307c. - Compensation under agreements or awards effected prior to October 1, 1953.

Any person who received compensation for total incapacity under a workers' compensation agreement or award effected prior to October 1, 1953, shall receive such compensation as was authorized by such agreement or award under section 31-307 or for not longer than the period of total disability, and shall be paid in addition thereto the cost-of-living adjustment provided for under subsection (b) of section 31-307a. The compensation authorized under this section, including the cost-of-living adjustment, shall be paid out of the Second Injury Fund provided for in section 31-354. Such compensation and cost-of-living adjustment shall be paid only for weeks of total disability existing or commencing on or after October 1, 1969.
(1967, P.A. 842, S. 30; 1969, P.A. 696, S. 7; P.A. 79-376, S. 45; P.A. 91-207, S. 4, 9.)
History: 1969 act specified applicability of cost-of-living adjustments; P.A. 79-376 replaced “workmen's compensation” with “workers' compensation”; P.A. 91-207 made a technical change in fund's name.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-308b. - Dependency allowance.

Section 31-308b is repealed.
(1967, P.A. 842, S. 22; 1969, P.A. 696, S. 9; P.A. 76-217; P.A. 80-284, S. 3; P.A. 91-32, S. 27, 31; 91-339, S. 52, 55.)
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-310a. - Average weekly wage of supernumerary policemen and volunteer police officers.

(a) For purposes of compensation the average weekly wage of a supernumerary policeman shall be construed to be the average weekly earnings of production and related workers in manufacturing in the state as determined by the Labor Commissioner in accordance with the provisions of section 31-309.
(b) For the purposes of this section, compensation shall not be prorated because of other employment by a supernumerary policeman.
(c) For the purpose of determining compensation payable under this chapter for death, disability or injury incurred by volunteer police officers, the average weekly wage of such officers shall be the average production wage in the state as determined by the Labor Commissioner under the provisions of section 31-309.
(1969, P.A. 565, S. 1, 2; P.A. 79-376, S. 46; P.A. 91-32, S. 29, 41.)
History: P.A. 79-376 replaced “workmen's compensation” with “workers' compensation”; P.A. 91-32 made technical changes and added Subsec. (c), re average weekly wage to be considered for purposes of determining compensation.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-310b. - Average weekly wage of General Assembly member.

For purposes of workers' compensation the average weekly wage of a member of the General Assembly shall be construed to be the average weekly earnings of production and related workers in manufacturing in the state as determined by the Labor Commissioner in accordance with the provisions of section 31-309. For the purposes of this section, there shall be no prorating of benefits because of other employment by a member of the General Assembly.
(1972, P.A. 281, S. 3; P.A. 79-376, S. 47.)
History: P.A. 79-376 replaced “workmen's compensation” with “workers' compensation”.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-310c. - Average weekly wage of worker with an occupational disease.

For the purposes of this chapter, in the case of an occupational disease the average weekly wage shall be calculated as of the date of total or partial incapacity to work. However, in the case of an occupational disease which manifests itself at a time when the worker has not worked during the twenty-six weeks immediately preceding the diagnosis of such disease, the claimant's average weekly wage shall be considered to be equivalent to the greater of (1) the average weekly wage determined pursuant to section 31-310 and adjusted pursuant to section 31-307a or (2) the average weekly wage earned by the claimant during the fifty-two calendar weeks last worked by the claimant, which wage shall be determined in accordance with said section 31-310 and adjusted pursuant to said section 31-307a.
(P.A. 90-116, S. 8; P.A. 93-228, S. 23, 35.)
History: P.A. 93-228 amended Subdiv. (2) to base payment on wages earned during preceding 52 weeks, rather than 26 weeks, effective July 1, 1993.
Purpose and retroactive application. 245 C. 66. Calculation of benefits for surviving dependent spouse and estate of employee who died as result of occupational disease. Id., 88.
Cited. 44 CA 112.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-311. - Replacement of artificial aids.

Each employer subject to the provisions of this chapter shall be liable for the payment of damages accidentally sustained by an employee in the course of his employment to artificial legs, feet, arms or hands. Such payments shall consist of the cost of the replacement or repair of such artificial aid. The employer shall also repair or replace eyeglasses, contact lenses, hearing aids and artificial teeth, where damage to such eyeglasses, contact lenses, hearing aids and artificial teeth is accompanied by bodily injury about the face or head.
(1955, S. 3046d; 1958 Rev., S. 31-164; 1961, P.A. 491, S. 34; 1967, P.A. 842, S. 18; 1972, P.A. 171.)
History: 1961 act entirely replaced previous provisions; 1967 act required that employer repair or replace artificial teeth; 1972 act required employer to repair or replace contact lenses and hearing aids.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-314. - Allowance for advance payments.

In fixing the amount of any compensation under this chapter, due allowance shall be made for any sum which the employer has paid to any injured employee or to his dependents on account of the injury, except such sums as the employer has expended or directed to be expended for medical, surgical or hospital service.
(1949 Rev., S. 7433; 1958 Rev., S. 31-165; 1961, P.A. 491, S. 37.)
History: 1961 act entirely replaced previous provisions.
Payment to employee not deductible from amount due to dependent for his subsequent death. 93 C. 159. “Payments made on account of” means those payments paid on credit, or in advance of, any sums that subsequently become payable by employer. 270 C. 1.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-316. - Employer to record and report employees' injuries and report insurance coverage or welfare plan payments provided to employees. Increased award due to employer's failure to file.

(a) Each employer shall keep a record of the injuries sustained by his employees in the course of their employment that result in incapacity for one day or more. Each employer shall send to the chairperson of the Workers' Compensation Commission, in duplicate, each week, or more often if so directed, a report of all injuries that the rules prescribed by the chairperson determine, including the time of each injury, together with notices of claims for compensation that have been served upon the employer under section 31-294c, within one week of the receipt of the notices of claims. The employer shall inform the chairperson as to the extent to which he provides accident and health insurance and life insurance coverage for his employees, and his payment or contribution requirements for any employee welfare plan, as defined in section 31-284b. No other report of injuries to employees shall be required by any department or office of the state from employers. The duplicates of the reports shall be immediately transmitted to the Labor Commissioner.
(b) Upon determining that the employer or the employer's representative failed to report injuries as required by subsection (a) of this section, the administrative law judge may increase the award for compensation for the employee's injuries proportionate to the prejudice that the employee sustained due to the employer's failure to file.
(1949 Rev., S. 7441; 1958 Rev., S. 31-167; 1961, P.A. 491, S. 39; P.A. 82-398, S. 4; P.A. 85-32; P.A. 91-32, S. 31, 41; 91-339, S. 31; P.A. 96-267, S. 29; P.A. 08-3, S. 2; P.A. 21-18, S. 1; P.A. 22-89, S. 25.)
History: 1961 act entirely replaced previous provisions; P.A. 82-398 required the employer to inform the commissioner as to the insurance coverage and welfare fund payments he provides for his employees and required that injury reports include “time of each injury”; P.A. 85-32 provided that the reports concerning injuries, insurance coverage and employee welfare fund payments shall be sent by each employer to the chairman of the board of compensation commissioners; P.A. 91-32 made technical changes; P.A. 91-339 changed “board of compensation commissioners” to “workers' compensation commission” and changed “employee welfare fund” to “employee welfare plan”; P.A. 96-267 added Subsec. (b) to allow the commissioner to increase an employee's award proportionate to prejudice caused by an employer's failure to report injuries as required; P.A. 08-3 amended Subsec. (b) by adding “or the employer's representative”; pursuant to P.A. 21-18, “workers' compensation commissioner” was changed editorially by the Revisors to “administrative law judge”, effective October 1, 2021; P.A. 22-89 made technical changes in Subsec. (a), effective May 24, 2022.
See Sec. 31-40 re required reporting of serious accidents in establishments or work places.
Cited. 109 C. 469; 122 C. 192.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-317. - Claims against the state.

Section 31-317 is repealed.
(1949 Rev., S. 7443; 1958 Rev., S. 31-169; 1961, P.A. 491, S. 40; P.A. 81-469, S. 3, 8; P.A. 91-32, S. 40, 41.)
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-318. - Action for minor or mentally incompetent person.

When any employee affected by the provisions of this chapter or any person entitled to compensation thereunder is a minor or mentally incompetent, his parent or duly appointed guardian may, on his behalf, perform any act or duty required or exercise any right conferred by the provisions of this chapter with the same effect as if such person were legally capable to act on his own behalf and had so acted. The administrative law judge may, for just cause shown, authorize or direct the payment of compensation directly to a minor or to some person nominated by the minor and approved by the administrative law judge, which person shall act on behalf of such minor.
(1949 Rev., S. 7456; 1958 Rev., S. 31-184; 1961, P.A. 491, S. 44; P.A. 10-32, S. 105; P.A. 21-18, S. 1.)
History: 1961 act entirely replaced previous provisions; P.A. 10-32 made technical changes, effective May 10, 2010; pursuant to P.A. 21-18, “commissioner” was changed editorially by the Revisors to “administrative law judge”, effective October 1, 2021.
Minor illegally employed is under act. 131 C. 157.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-319. - Fees to be approved.

Section 31-319 is repealed.
(1949 Rev., S. 7457; 1958 Rev., S. 31-185; 1961, P.A. 491, S. 45; 1969, P.A. 556, S. 2; P.A. 88-357, S. 20; P.A. 89-371, S. 23; P.A. 91-32, S. 40, 41.)
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-320. - Exemption and preference of compensation.

All sums due for compensation under the provisions of this chapter shall be exempt from attachment and execution and shall be nonassignable before and after award. The rights of compensation granted by this chapter, reckoned at their present value, shall have the same preference against the assets of an insolvent employer as may be allowed by law to a claim for the unpaid wages of workers earned within three months.
(1949 Rev., S. 7458; 1958 Rev., S. 31-186; 1961, P.A. 491, S. 46; P.A. 79-376, S. 49.)
History: 1961 act entirely replaced previous provisions; P.A. 79-376 substituted “workers” for “workmen”.
See Sec. 33-896 et seq. re judicial dissolution of a stock corporation and appointment of receiver or custodian.
See Sec. 52-512 re wages as preferred claim.
Cited. 224 C. 8.
Defendant's award could be garnished by welfare commissioner in action for reimbursement of funds expended for care and maintenance of defendant's family; purpose of exemption statute is to provide support money to claimant and his dependents. 5 Conn. Cir. Ct. 69.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-321. - Manner of serving notices.

Unless otherwise specifically provided, or unless the circumstances of the case or the rules of the commission direct otherwise, any notice required under this chapter to be served upon an employer, employee, administrative law judge or the chairperson shall be by written or printed notice, service personally or by registered or certified mail addressed to the person upon whom it is to be served at the person's last-known residence or place of business. Notices on behalf of a minor shall be given by or to such minor's parent or guardian or, if there is no parent or guardian, then by or to such minor.
(1949 Rev., S. 7459; 1958 Rev., S. 31-187; 1961, P.A. 491, S. 47; P.A. 10-32, S. 106; P.A. 21-18, S. 1; P.A. 22-89, S. 4.)
History: 1961 act entirely replaced previous provisions; P.A. 10-32 made technical changes, effective May 10, 2010; pursuant to P.A. 21-18, “commissioner” was changed editorially by the Revisors to “administrative law judge”, effective October 1, 2021; P.A. 22-89 added reference to chairperson, effective May 24, 2022.
Cited. 226 C. 508. Strict compliance with statutory methods of service under section is necessary to constitute meaningful notice under Sec. 31-301(a); commission's failure to comply strictly with statutorily prescribed methods of notice and service under section will not trigger party's obligation to file appeal under Sec. 31-301(a). 263 C. 279.
Cited. 3 CA 162; 29 CA 441; 30 CA 295; 45 CA 199. Does not expressly provide for notice to claimants who are not employees or dependents; notice to last-known address of decedent employee, which was also claimants' address, was adequate. 63 CA 1. Section governs the manner in which notice is to be served when required under act, but does not independently require workers' compensation insurance providers to provide notice in any particular circumstance. 121 CA 144. Sending notice to contest liability to employee by certified mail meets requirements, despite employee's failure to claim it. 138 CA 826. Neither section nor form 43 contain any language that permits the filing of form 43 by facsimile transmission to the commission, rather, both section and form require that form be filed either in person, by registered mail or by certified mail. 190 CA 623.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-322. - Injuries received in interstate commerce.

Section 31-322 is repealed.
(1949 Rev., S. 7460; 1958 Rev., S. 31-188; 1961, P.A. 491, S. 48; P.A. 91-32, S. 40, 41.)
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-323. - Attachments to secure payment of compensation.

When any person presents in writing to the administrative law judge a claim for compensation, either for injury sustained by such person arising out of and in the course of his or her employment or for injury resulting in the death of some person of whom such person is an alleged dependent, or when it appears to the administrative law judge that the claim may require payment from the Second Injury Fund, such person or the Second Injury Fund, as the case may be, may ask that a writ of attachment issue to secure the payment of the claim or claims for compensation or for reimbursement for payments made or to be made by the Second Injury Fund. Unless it appears from the records of the administrative law judge that there has been a compliance with the provisions of section 31-284, which compliance is then effective, or that the Insurance Commissioner has approved a substitute system of compensation, benefit and insurance, the administrative law judge may issue a writ of attachment in the manner and form of writs of attachment in civil actions and shall be vested with the same jurisdiction as authorities authorized to issue writs of attachment in civil actions. If a writ is issued under this section and thereafter it appears to the satisfaction of the administrative law judge that there has been a compliance with the provisions of section 31-284, which compliance was then effective and applicable to the injury in question, or that the Insurance Commissioner has approved a substitute system of compensation, benefit and insurance, the administrative law judge may vacate the writ of attachment on the payment by the employer of the expense actually incurred under such writ of attachment. The administrative law judges are vested with the authority of the various courts to dissolve attachments made under this section and, on the dissolution of an attachment, may require the substitution of a bond in the same manner as any court upon the dissolution of attachments in civil actions.
(1949 Rev., S. 7463; 1958 Rev., S. 31-190; 1961, P.A. 491, S. 49; P.A. 91-32, S. 32, 41; P.A. 12-77, S. 1; P.A. 21-18, S. 1.)
History: 1961 act entirely replaced previous provisions; P.A. 91-32 made technical changes and added provisions re approval of substitute compensation system by the insurance commissioner; P.A. 12-77 added provisions re issuance of a writ of attachment when it appears to commissioner that claim may require payment from Second Injury Fund and made technical changes; pursuant to P.A. 21-18, “commissioner” and “commissioners” were changed editorially by the Revisors to “administrative law judge” and “administrative law judges” respectively, effective October 1, 2021.
Cited. 112 C. 377; 169 C. 646.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-324. - Reservation of cases for the Appellate Court.

When, in any case arising under the provisions of this chapter, the Compensation Review Board is of the opinion that the decision involves principles of law which are not free from reasonable doubt and which public interest requires shall be determined by the Appellate Court, in order that a definite rule be established applicable to future cases, said Compensation Review Board may, on its own motion and without any agreement or act of the parties or their counsel, reserve such case for the opinion of the Appellate Court. Upon a reservation so made, no costs shall be taxed in favor of either party, and no entry fee, record fee, judgment fee or other clerk's fee in either court shall be taxed. Upon the filing of such a reservation, the question shall come before the Appellate Court as though an appeal had been taken, and said court shall thereupon reserve the case for the opinion of the Supreme Court in the manner herein indicated; but if, in the opinion of the Appellate Court, the principles of law involved in the decision are in fact free from reasonable doubt and the public interest does not in fact require that they be determined by the Supreme Court, the Appellate Court may, in its discretion, hear and determine the controversy as in other cases.
(1949 Rev., S. 7464; 1958 Rev., S. 31-191; 1961, P.A. 491, S. 50; P.A. 74-338, S. 51, 94; P.A. 76-436, S. 622, 681; P.A. 79-540, S. 7; June Sp. Sess. P.A. 83-29, S. 31, 82; P.A. 91-339, Sec. 32, 55.)
History: 1961 act entirely replaced previous provisions; P.A. 74-338 replaced superior court with court of common pleas; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 79-540 replaced superior court with compensation review division and supreme court with appellate session of superior court for purposes of section and deleted provisions re pro forma awards where commissioner believes a doubtful question of law is involved which public interest requires to be be finally and definitely determined; June Sp. Sess. P.A. 83-29 deleted reference to appellate session of the superior court and added reference to appellate court; P.A. 91-339 changed “compensation review division” to “compensation review board”.
Cited. 94 C. 262; 95 C. 609. Effect of a pro forma award and function of an appeal. 116 C. 219. In absence of judgment, there can be no appeal to Supreme Court. 123 C. 102. Reservation can be made without any appeal or judgment when facts are not in dispute. 138 C. 620. Cited. 150 C. 154; 159 C. 53. Reservation from Court of Common Pleas and not Superior Court is the proper procedure to follow; reservation from Superior Court dismissed for lack of jurisdiction. 168 C. 84. Cited. 213 C. 54; 232 C. 758.
Cited. 2 CA 363; 36 CA 150.
Cited. 8 CS 313.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-325. - Acknowledgment by employees having certain physical conditions.

Section 31-325 is repealed, effective June 29, 1995.
(1949 Rev., S. 7465; 1949, S. 3051d; 1958 Rev., S. 31-192; 1961, P.A. 491, S. 51; 1967, P.A. 842, S. 19; 1971, P.A. 336; P.A. 79-376, S. 79; P.A. 91-32, S. 33, 41; P.A. 95-277, S. 18, 19.)
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-326. - Proceedings against delinquent insurance companies or employers.

Whenever the chairperson of the Workers' Compensation Commission finds that any insurance company or association insuring the liability of an employer under the provisions of this chapter is conducting such business improperly or is dilatory in investigating and adjusting claims or making payments, or fails to comply with the provisions of this chapter or the rules, methods or procedure and forms adopted by the chairperson, the chairperson shall notify the Insurance Commissioner, in writing, setting forth the facts, and thereupon the Insurance Commissioner shall fix a time and place for a hearing thereon, giving reasonable notice to the chairperson and to such company or association of such hearing, and, if he finds the allegations to be true, he shall either suspend for a time or revoke the license of such company or association to transact such business in this state. Whenever an administrative law judge has reason to believe that any employer who has furnished proof of his financial ability or filed with the Insurance Commissioner security for the performance of the obligations of this chapter in accordance with section 31-284 is dilatory in investigating or adjusting claims or in making payments, or fails to comply with the provisions of this chapter or the rules, methods of procedure and forms adopted by the chairperson, he may notify the Insurance Commissioner, in writing, setting forth the facts, and thereupon the Insurance Commissioner shall fix the time and place for a hearing thereon, giving reasonable notice to the administrative law judge and to such employer, and, if he finds the allegations to be true, then, after ten days from the notice of such findings to such employer, the compliance of such employer with the terms of section 31-284 shall be, as to any future injuries, null and void.
(1949 Rev., S. 7466; 1958 Rev., S. 31-193; 1961, P.A. 491, S. 52; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 205, 348; P.A. 91-339, S. 33, 55; P.A. 21-18, S. 1; P.A. 22-89, S. 26.)
History: 1961 act entirely replaced previous provisions; P.A. 77-614 made insurance department a division within the department of business regulation with insurance commissioner as its head, effective January 1, 1979; P.A. 80-482 reinstated insurance division as an independent department with commissioner as its head and deleted reference to abolished department of business regulation; P.A. 91-339 changed “compensation commissioners, or a majority of them” to “chairman of the workers' compensation commission”; pursuant to P.A. 21-18, “commissioner” and “compensation commissioner” were changed editorially by the Revisors to “administrative law judge”, effective October 1, 2021; P.A. 22-89 made technical changes, effective May 24, 2022.
Cited. 28 CS 5.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-327. - Award of fees and expenses.

(a) Whenever any fees or expenses are, under the provisions of this chapter, to be paid by the employer or insurer and not by the employee, the administrative law judge may make an award directly in favor of the person entitled to the fees or expenses, which award shall be filed in court, shall be subject to appeal and shall be enforceable by execution as in other cases. The award may be combined with an award for compensation in favor of or against the injured employee or the dependent or dependents of a deceased employee or may be the subject of an award covering only the fees and expenses.
(b) All fees of attorneys, physicians, podiatrists or other persons for services under this chapter shall be subject to the approval of the administrative law judge.
(1949 Rev., S. 7467; 1958 Rev., S. 31-194; 1961, P.A. 491, S. 53; P.A. 91-32, S. 34, 41; P.A. 21-18, S. 1.)
History: 1961 act entirely replaced previous provisions; P.A. 91-32 made technical changes, designated existing section as Subsec. (a) and added Subsec. (b) re approval of attorneys', physicians' and other fees by commissioner; pursuant to P.A. 21-18, “commissioner” was changed editorially by the Revisors to “administrative law judge”, effective October 1, 2021.
Cited. 103 C. 434.
Review board can review commissioner's award of attorney's fees for consistency with fee guidelines. 59 CA 816. Commissioner has authority to approve attorney's fees contained in an award separate from an award for compensation. 64 CA 301. Award of “reasonable attorney's fees” issued under section may, at the discretion of commissioner, include fees accrued by paralegals. 152 CA 116. The commissioner, and by extension the Workers' Compensation Commission, has the authority to adjudicate fee disputes among attorneys who have represented a claimant at different times during the pendency of a case before the commission. 179 CA 846.
Cited. 28 CS 5.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-328. - Mutual associations authorized.

With the approval of the Insurance Commissioner, employers who are subject to this chapter and are bound to pay compensation to their employees thereunder may associate themselves, in accordance with the law for the formation of corporations without capital stock, for the purpose of establishing and maintaining mutual associations to insure their liabilities under this chapter; but no such association shall be formed to include employers not in the same or similar trade or business or in trades or businesses with substantially similar degrees of hazard of injury to employees.
(1949 Rev., S. 7468; 1958 Rev., S. 31-195; 1959, P.A. 580, S. 18; 1961, P.A. 491, S. 54; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 206, 348.)
History: 1959 act replaced reference to Part B of chapter with reference to entire chapter; 1961 act entirely replaced previous provisions; P.A. 77-614 placed insurance commissioner within department of business regulation and made insurance department a division of that department, effective January 1, 1979; P.A. 80-482 restored insurance division as independent department with commissioner as its head and deleted reference to abolished business regulation department.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-329. - Approval by Insurance Commissioner.

Before giving his approval, the Insurance Commissioner may require the incorporators of any such association to include in their proposed certificate of incorporation such lawful provisions for the regulation of the affairs of the association and the definition of its powers and the powers of its officers, directors and incorporators as shall satisfy him that it is well designed and wisely adapted to its proposed purposes. When such a certificate, in form and substance acceptable to the Insurance Commissioner, has been approved by and filed with the Secretary of the State, the incorporators shall forthwith cause copies thereof to be filed in the offices of the Insurance Commissioner and each of the administrative law judges.
(1949 Rev., S. 7469; 1958 Rev., S. 31-196; 1961, P.A. 491, S. 55; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 207, 348; P.A. 21-18, S. 1.)
History: 1961 act entirely replaced previous provisions; P.A. 77-614 placed insurance commissioner within department of business regulation and made insurance department a division within that department, effective January 1, 1979; P.A. 80-482 restored insurance division as independent department with commissioner as its head, deleting references to abolished business regulation department; pursuant to P.A. 21-18, “compensation commissioners” was changed editorially by the Revisors to “administrative law judges”, effective October 1, 2021.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-330. - Membership.

Membership in such associations shall be limited to employers as defined in this chapter, and each association shall have power, by appropriate bylaws, to provide for the admission, suspension, withdrawal or expulsion of members.
(1949 Rev., S. 7470; 1958 Rev., S. 31-197; 1961, P.A. 491, S. 56.)
History: 1961 act entirely replaced previous provisions.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-331. - Control of associations. Insurance Commissioner authorized to accept statement of financial condition by certain employers' mutual associations organized before June 6, 1996.

Except as herein otherwise provided, such associations shall be subject to the same regulation and control as is or may be imposed by law upon other corporations or associations taking similar risks in this state, and over them the Insurance Commissioner shall have all the jurisdiction given him by sections 38a-14 and 38a-17 over insurance companies, provided with respect to any such association organized prior to June 6, 1996, with a membership composed exclusively of health care providers and whose premium base is derived entirely from health care organizations, the commissioner may accept a statement of financial condition that shall be audited by an independent certified public accountant using generally accepted accounting principles if such statement also includes a conversion to the accounting standards prescribed by section 38a-70. Such statement of financial condition shall be submitted to the commissioner by such association, annually, on or before the first day of March, signed and sworn to by its president or vice president and secretary or an assistant secretary, of its financial condition on the thirty-first day of December next preceding, prepared in such form and detail as may be prescribed by the commissioner and shall include a certification by an actuary or reserve specialist of all reserve liabilities prepared in accordance with subsection (f) of section 38a-53. In addition to such annual statement of financial condition, any such association shall file, quarterly, unaudited financial statements using generally accepted accounting principles if such statements also include a conversion to the accounting standards prescribed by section 38a-70.
(1949 Rev., S. 7471; 1958 Rev., S. 31-198; 1961, P.A. 491, S. 57; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 208, 348; P.A. 07-27, S. 1; P.A. 13-134, S. 27.)
History: 1961 act entirely replaced previous provisions; P.A. 77-614 placed insurance commissioner within the department of business regulation and made insurance department a division within that department, effective January 1, 1979; P.A. 80-482 restored insurance division as independent department with commissioner as its head and deleted reference to abolished business regulation department; P.A. 07-27 allowed commissioner to accept statement of financial condition from certain employers' mutual associations organized before June 6, 1996, audited by independent certified public accountant using generally accepted accounting principles in such form and detail as prescribed by commissioner, and provided for quarterly filing of unaudited financial statements by such associations; P.A. 13-134 made a technical change.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-332. - Policies. Number of members required.

No policies shall be issued by any such association until members in such numbers and with such numbers of employees as the Insurance Commissioner may decide will give a fair diffusion of risks have obligated themselves to take policies immediately upon their authorization, nor shall any policies be issued except such as the Insurance Commissioner has approved as conforming in all respects to the requirements of this chapter. In conformance with the provisions of section 31-284, policies may be issued covering claims only in excess of a certain amount. If, at any time, by the retirement of members, reduction of numbers of employees or other cause, the membership of any association appears to the Insurance Commissioner no longer to afford a fair diffusion of risks, he may suspend or forbid the further issue of policies until the former conditions of the association have been restored.
(1949 Rev., S. 7472; 1958 Rev., S. 31-199; 1961, P.A. 491, S. 58; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 209, 348; P.A. 81-472, S. 63, 159.)
History; 1961 act entirely replaced previous provisions; P.A. 77-614 placed insurance commissioner within department of business regulation and made insurance department a division within that department, effective January 1, 1979; P.A. 80-482 restored insurance division as independent department with commissioner as its head, deleting reference to abolished department of business regulation; P.A. 81-472 made technical changes.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-333. - Officers and voting.

The affairs of all associations incorporated under this chapter shall be managed by such officers and directors as may be chosen in manner prescribed by the bylaws of the association; but each member shall be entitled to cast at least one ballot in all elections and votes, any member having had for six months an average of more than one hundred and not more than five hundred employees to whom he is bound to pay compensation under this chapter shall be entitled to cast two ballots, and each additional five hundred employees shall entitle such member to an additional ballot, but no member shall be entitled to cast more than eight ballots.
(1949 Rev., S. 7473; 1958 Rev., S. 31-200; 1961, P.A. 491, S. 59.)
History: 1961 act entirely replaced previous provisions.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-334. - Safety rules.

Each association shall have power to prescribe and enforce reasonable rules for safety regulations on the premises of its members, and for that purpose its inspectors shall have free access to all such premises during regular working hours.
(1949 Rev., S. 7474; 1958 Rev., S. 31-201; 1961, P.A. 491, S. 60.)
History: 1961 act entirely replaced previous provisions.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-335. - Premium rates. Reserve notes.

Each association shall have power to determine the comparative premium rates for each occupation or risk insured by it and to prescribe rates of cash premiums sufficient to cover the current cost. Such premium rates shall prevail for the fiscal year of the association, but they may be changed annually by the directors. The current cost herein specified shall be such an amount as is estimated to cover the expenses and the claims or portions of claims payable within the same fiscal year within which they originated. Members of each association shall be required to pay yearly in advance cash premiums for current costs, and in addition thereto an amount in negotiable notes sufficient to maintain a reserve equal to that required by statute of stock or commercial casualty companies for similar classes of risks. These notes shall be payable on the call of the treasurer of the association as they may be required to meet estimated losses or expenses in excess of the current cost or to meet claims covering losses not payable within the same fiscal year within which the claim originated. The directors may, in their discretion, fix rates of interest on either notes or balances.
(1949 Rev., S. 7475; 1958 Rev., S. 31-202; 1961, P.A. 491, S. 61.)
History: 1961 act entirely replaced previous provisions.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-336. - Assessments.

If an association is not possessed of funds sufficient for the payment of incurred losses and expenses, it shall make an assessment for the amount needed to pay such losses and expenses upon the members liable to assessment therefor, in proportion to their several liabilities.
(1949 Rev., S. 7476; 1958 Rev., S. 31-203; 1961, P.A. 491, S. 62.)
History: 1961 act entirely replaced previous provisions.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-337. - Investments.

The funds of each association shall be invested by the directors in the same classes of securities and in the same manner in which funds of domestic life insurance companies are by law required or permitted to be invested.
(1949 Rev., S. 7477; 1958 Rev., S. 31-204; 1961, P.A. 491, S. 63.)
History: 1961 act entirely replaced previous provisions.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-338. - Bylaws and regulations.

Each association shall have power to determine the premiums, contingent liabilities, assessments, penalties and dividends of its members, and to enforce or administer the same without the limitations imposed upon corporations without capital stock by section 33-1057. It shall also have power to make and amend bylaws or regulations for the prompt, economical and safe conduct of its affairs. All bylaws and regulations of each association shall be filed with the Insurance Commissioner and shall be subject to his approval. If not disapproved by him, they shall go into effect thirty days after filing or at such later date as may be indicated in the bylaws or regulations.
(1949 Rev., S. 7478; 1958 Rev., S. 31-205; 1959, P.A. 617, S. 110; 1961, P.A. 491, S. 64; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 210, 348; P.A. 96-256, S. 186, 209.)
History: 1959 act replaced reference to Sec. 33-149 with reference to Sec. 33-446; 1961 act entirely replaced previous provisions; P.A. 77-614 placed commissioner of insurance within department of business regulation and made insurance department a division within that department, effective January 1, 1979; P.A. 80-482 restored insurance division as independent department with commissioner as its head, deleting reference to abolished business regulation department; P.A. 96-256 replaced reference to Sec. 33-446 with Sec. 33-1057, effective January 1, 1997.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-339. - Appeals to Superior Court.

From any decision or order of the Insurance Commissioner affecting any association, such association shall have the right of appeal to the superior court for the judicial district of Hartford.
(1949 Rev., S. 7479; 1958 Rev., S. 31-206; 1961, P.A. 491, S. 65; P.A. 77-614, S. 163, 610; P.A. 78-280, S. 6, 127; P.A. 80-482, S. 211, 348; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6.)
History: 1961 act entirely replaced previous provisions; P.A. 77-614 placed insurance commissioner within department of business regulation and made insurance department a division within that department, effective January 1, 1979; P.A. 78-280 replaced “Hartford county” with “judicial district of Hartford-New Britain”; P.A. 80-482 restored insurance division as independent department with commissioner as its head and deleted reference to abolished business regulation department; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-340. - Insurer directly liable to employee or dependent.

Whenever any employer of labor as defined in this chapter insures his liability under this chapter with any company authorized to transact a compensation insurance business in this state, the contract of insurance between such employer of labor and such insurer shall be a contract for the benefit of any employee who sustains an injury arising out of and in the course of his employment by such insured by reason of the business operations described in the policy, while conducted at any working place therein described or elsewhere in connection therewith, or, in the event of such injury resulting in death, for the benefit of the dependents of such employee. Every such policy shall contain an agreement by the insurer to the effect that the insurer shall be directly and primarily liable to the employee and, in the event of his death, to his dependents or to any person entitled to burial expenses under section 31-306, to pay to him or to them the compensation, if any, for which the employer is liable; but payment in whole or in part of such compensation by either the employer or the insurer shall to the extent thereof be a bar to the recovery against the other of the amount so paid.
(1949 Rev., S. 7480; 1949, 1951, S. 3052d; 1958 Rev., S. 31-207; 1961, P.A. 491, S. 66.)
History: 1961 act entirely replaced previous provisions.
Cited. 113 C. 130; Id., 515; 223 C. 336.
Cited. 46 CA 596.
Cited. 28 CS 4.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-341. - Notice to insurer.

When a claim for compensation by any such injured employee or the dependent of an injured employee of an employer who has insured his liability as aforesaid does not result in a voluntary agreement and a hearing before an administrative law judge is necessary to determine such claim, the insurer shall receive the same notice of such hearing as is by law required to be given to the employer and shall thereupon be a party to the proceeding.
(1949 Rev., S. 7481; 1958 Rev., S. 31-208; 1961, P.A. 491, S. 67; P.A. 21-18, S. 1.)
History: 1961 act entirely replaced previous provisions; pursuant to P.A. 21-18, “compensation commissioner” was changed editorially by the Revisors to “administrative law judge”, effective October 1, 2021.
Cited. 28 CS 5.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-342. - Award; enforcement.

In any such hearing, the administrative law judge having jurisdiction may make his award directly against such employer, insurer or both, except that, when there is doubt as to the respective liability of two or more insurers, he shall make his award directly against such insurers; and such awards shall be enforceable against the insurer in all respects as provided by law for enforcing awards against an employer, and the proceedings on hearing, finding, award, appeal and execution shall be in all respects similar to that provided by law as between employer and employee.
(1949 Rev., S. 7482; 1958 Rev., S. 31-209; 1961, P.A. 491, S. 68; P.A. 21-18, S. 1.)
History: 1961 act entirely replaced previous provisions; pursuant to P.A. 21-18, “commissioner” was changed editorially by the Revisors to “administrative law judge”, effective October 1, 2021.
Award should ordinarily be against both employer and insurer. 105 C. 741. Where one company insured until and another after August 1st, and employee was injured May 25th but disability began September 19th, first company is solely liable. Id., 740. Cited. 113 C. 130; Id., 520; 114 C. 27. In occupational disease cases, award should be made against all insurers within whose periods of coverage claimant's work was a substantial factor in the disability. 116 C. 216. Award against principal employer even though direct employer has paid all compensation claims. 124 C. 227.
Cited. 28 CS 4.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-343. - Certain defenses not available against employee or dependent.

As between any such injured employee or his dependent and the insurer, every such contract of insurance shall be conclusively presumed to cover the entire liability of the insured, and no question as to breach of warranty, coverage or misrepresentation by the insured shall be raised by the insurer in any proceeding before the administrative law judge or on appeal therefrom.
(1949 Rev., S. 7483; 1958 Rev., S. 31-210; 1961, P.A. 491, S. 69; P.A. 21-18, S. 1.)
History: 1961 act entirely replaced previous provisions; pursuant to P.A. 21-18, “compensation commissioner” was changed editorially by the Revisors to “administrative law judge”, effective October 1, 2021.
Effect of section. 105 C. 739. Cited. 111 C. 237; 113 C. 130; Id., 504; 116 C. 221.
Cited. 46 CA 596.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-344. - When representations avoid policy.

No statement in an application for a policy of compensation insurance shall vitiate such policy as between the insurer and the insured, unless such statement is false and materially affects either the acceptance of the risk or the hazard assumed by the insurer.
(1949 Rev., S. 7484; 1958 Rev., S. 31-211; 1961, P.A. 491, S. 70.)
History: 1961 act entirely replaced previous provisions.
Cited. 28 CS 5.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-344a. - Workers' Compensation Administration Fund established.

There is established a fund to be known as the “Workers' Compensation Administration Fund”. The fund may contain any moneys required by law to be deposited in the fund and shall be held by the Treasurer separate and apart from all other moneys, funds and accounts. The interest derived from the investment of the fund shall be credited to the fund. Amounts in the fund may be expended only pursuant to appropriation by the General Assembly. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the fiscal year next succeeding.
(June Sp. Sess. P.A. 91-14, S. 17, 30.)
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-345a. - Deductibles in workers' compensation coverage. Approval of Insurance Commissioner.

Each insurer issuing workers' compensation and employers' liability insurance may issue such coverage with deductibles in accordance with plans filed with and approved by the Insurance Commissioner.
(P.A. 81-469, S. 7, 8.)
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-346. - Damages for material misstatements.

When any insured knowingly makes a material misstatement to any insurer to the damage of such insurer, such insurer may recover just damages resulting from such misstatement.
(1949 Rev., S. 7486; 1958 Rev., S. 31-213; 1961, P.A. 491, S. 72.)
History: 1961 act entirely replaced previous provisions.
Cited. 28 CS 5.