reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-286b. - Proof of workers' compensation coverage prior to issuance of building permit, condition.

(a) Prior to issuing a building permit pursuant to section 29-263 to any person other than a sole proprietor or property owner unless such sole proprietor or property owner is acting as a general contractor or principal employer, a local building official shall require proof of workers' compensation coverage for all employees, as defined in section 31-275, who are employed by an employer, as defined in said section, who are engaged to perform services on the site of the construction project for which the permit was issued.
(b) As used in subsection (a) of this section, “proof of workers' compensation coverage” means (1) a written certificate of insurance provided by the general contractor or principal employer, (2) a certificate from the administrative law judge indicating that the general contractor or principal employer has properly chosen not to obtain workers' compensation coverage pursuant to section 31-275, or (3) if a property owner or sole proprietor intends to act as a general contractor or principal employer, a written certificate of insurance or a sworn notarized affidavit, which he shall provide, stating that he will require proof of workers' compensation insurance for all those employed on the job site in accordance with the provisions of this chapter. A local building official shall require proof of workers' compensation coverage only at the time of the general contractor's or principal employer's initial application.
(P.A. 95-277, S. 7, 19; P.A. 96-216, S. 4, 5; P.A. 21-18, S. 1.)
History: P.A. 95-277 effective July 1, 1995; P.A. 96-216 made existing language Subsec. (a) and excepted certain sole proprietors and property owners from proof requirements and removed $100,000 limitation and property owner certification requirement and added Subsec. (b), defining “proof of workers' compensation coverage”, effective June 4, 1996; pursuant to P.A. 21-18, “Workers' Compensation Commissioner” was changed editorially by the Revisors to “administrative law judge” in Subsec. (b), effective October 1, 2021.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-287. - Provisions required in liability insurance policies.

No policy of insurance against liability under this chapter, except as provided in section 31-284, shall be made unless the same covers the entire liability of the employer thereunder and contains an agreement by the insurer that, as between the employee and the insurer, notice or knowledge of the occurrence of injury by the insured shall be deemed notice or knowledge by the insurer, that jurisdiction of the insured for the purposes of this chapter shall be jurisdiction of the insurer and the insurer shall in all things be bound by and subject to the findings, awards and judgments rendered against such insured; and also that, if the insured becomes insolvent or is discharged in bankruptcy during the period that the policy is in operation, or the compensation, or any part of it, is due and unpaid or if an execution upon a judgment for compensation is returned unsatisfied, an injured employee or other person entitled to compensation under the provisions of this chapter may enforce his claim to compensation against the insurer to the same extent that the insured could have enforced his claim against such insurer had he paid compensation.
(1949 Rev., S. 7454; 1958 Rev., S. 31-181; 1959, P.A. 580, S. 16; 1961, P.A. 491, S. 41.)
History: 1959 act revised applicability re employer's insurance by reducing number of regular employees from three to two and replaced references to specific sections and parts with references to chapter; 1961 act entirely replaced previous provisions.
Cited. 113 C. 515; 114 C. 27; 116 C. 221. No reformation of policy where no mistake shown. 120 C. 503. Cited. 125 C. 31. Statute has no application to employer liability imposed by special bonus legislation unrelated to traditional workers' compensation concepts. 178 C. 664.
Cited. 37 CA 835.
Cited. 28 CS 4.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-289. - Disposition of fines and penalties.

Violations under section 31-284 and subsection (a) of section 31-288 shall be prosecuted in the appropriate court. Any fines or penalties collected under the provisions of sections 31-284 and 31-288 shall be paid over to the Second Injury Fund or its successor.
(1961, P.A. 491, S. 12; P.A. 84-299, S. 2; P.A. 91-207, S. 3, 9.)
History: P.A. 84-299 provided that penalties collected pursuant to “subsection (a)” of section 31-288 shall be paid into the second injury and compensation assurance fund; 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 31-289a. - Civil action to recover civil penalties. Privileged assignment for trial.

(a) If any civil penalty imposed pursuant to any provision of this chapter is not paid within ninety days of its imposition by an administrative law judge, or within ninety days of the final disposition of an appeal, as the case may be, the chairperson of the Workers' Compensation Commission shall immediately notify the Attorney General of such failure to pay. Upon such notification, the Attorney General may bring a civil action in the name of the state of Connecticut in the superior court for the judicial district where the administrative law judge imposed the civil penalty, to recover double the amount of the civil penalty together with reasonable attorney's fees and costs as taxed by the court. Any recovery under this section shall be disbursed in the same manner as recoveries pursuant to section 31-355.
(b) An affidavit sworn to or affirmed by the chairperson of the Workers' Compensation Commission, or by the administrative law judge who imposed the civil penalty referred to in the affidavit, stating the name of the administrative law judge who imposed the civil penalty, the amount of the civil penalty, the name of the violator against whom the civil penalty was imposed, whether or not an appeal was taken, the disposition of the appeal and whether or not the penalty was paid, shall constitute prima facie proof of the facts contained in the affidavit. Copies of the records of the Workers' Compensation Commission, or of any administrative law judge, certified by said chairperson or by the administrative law judge having custody of the records, containing the name of the administrative law judge who imposed a civil penalty, the amount of the civil penalty, the name of the violator against whom the civil penalty was imposed, whether or not an appeal was taken, the disposition of the appeal and whether or not the penalty was paid, shall constitute prima facie proof of the facts contained in the records.
(c) Civil actions pursuant to this section shall be privileged in their assignment for trial.
(P.A. 86-174, S. 2; P.A. 91-339, S. 14, 55; P.A. 21-18, S. 1; P.A. 22-89, S. 15.)
History: P.A. 91-339 changed “board of compensation commissioners” to “workers' compensation commission” and changed “workers' compensation commissioner” to “commissioner”; pursuant to P.A. 21-18, “commissioner” and “workers' compensation commissioner” were changed editorially by the Revisors to “administrative law judge” throughout, effective October 1, 2021; P.A. 22-89 made technical changes, effective May 24, 2022.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-289b. - Civil action to enjoin noncomplying employer from conducting business in the state.

Whenever an employer wilfully fails to comply with the requirements of this chapter, the Attorney General may bring a civil action in the superior court for the judicial district of Hartford to enjoin the employer from conducting business in this state until the employer fully complies with the requirements of this chapter.
(P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-228, S. 27, 35; P.A. 95-220, S. 4–6; P.A. 96-267, S. 27.)
History: P.A. 93-228 effective July 1, 1993. (Revisor's note: P.A. 88-230, P.A. 90-98 and P.A. 93-142 authorized substitution of “judicial district of Hartford” for “judicial district of Hartford-New Britain” in public acts of the 1993 session of the general assembly, to take effect September 1, 1996); 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; P.A. 96-267 deleted the word “repeatedly” which modified “fails to comply”.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-290. - Obligations not to be evaded.

No contract, expressed or implied, no rule, regulation or other device shall in any manner relieve any employer, in whole or in part, of any obligation created by this chapter, except as herein set forth.
(1949 Rev., S. 7455; 1958 Rev., S. 31-183; 1961, P.A. 491, S. 43.)
History: 1961 act entirely replaced previous provisions.
Cited. 128 C. 579; 157 C. 545. Exculpatory agreements in the employment context violate Connecticut public policy. 280 C. 494.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-290c. - Fraudulent claim or receipt of benefits. Penalties.

(a) Any person or his representative who makes or attempts to make any claim for benefits, receives or attempts to receive benefits, prevents or attempts to prevent the receipt of benefits or reduces or attempts to reduce the amount of benefits under this chapter based in whole or in part upon (1) the intentional misrepresentation of any material fact including, but not limited to, the existence, time, date, place, location, circumstances or symptoms of the claimed injury or illness or (2) the intentional nondisclosure of any material fact affecting such claim or the collection of such benefits, shall be guilty of a class C felony if the amount of benefits claimed or received, including but not limited to, the value of medical services, is less than two thousand dollars, or shall be guilty of a class B felony if the amount of such benefits exceeds two thousand dollars. Such person shall also be liable for treble damages in a civil proceeding under section 52-564.
(b) Any person, including an employer, who intentionally aids, abets, assists, promotes or facilitates the making of, or the attempt to make, any claim for benefits or the receipt or attempted receipt of benefits under this chapter by another person in violation of subsection (a) of this section shall be liable for the same criminal and civil penalties as the person making or attempting to make the claim or receiving or attempting to receive the benefits.
(P.A. 90-244.)
No indication that legislature intended statute authorizing penalties for workers' compensation fraud to encompass sanctions against employees for misrepresentations on employment applications. 244 C. 781.
Cited. 45 CA 324. Section does not afford a private right of action; rather, it confers on individuals the right to bring an action for statutory theft under Sec. 52-564. 138 CA 93.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-290d. - Workers' compensation fraud unit.

(a) There shall be a workers' compensation fraud unit within the office of the Chief State's Attorney in the Division of Criminal Justice. The unit, under the supervision of the Chief State's Attorney, may, upon receipt of a complaint, at the request of the chairperson of the Workers' Compensation Commission or on its own initiative, investigate cases of alleged fraud involving any claim for benefits, any receipt or payment of benefits, or the insurance or self-insurance of liability under sections 31-275 to 31-355a, inclusive. Upon conclusion of the investigation, the Chief State's Attorney shall take appropriate action to enforce the laws of this state.
(b) The workers' compensation fraud unit shall submit a quarterly report detailing its activities to the chairperson and the Advisory Board of the Workers' Compensation Commission and to the Insurance Commissioner.
(c) The cost of the workers' compensation fraud unit shall be appropriated by the General Assembly as an expense of the Workers' Compensation Commission and shall be paid from the Workers' Compensation Administration Fund established under section 31-344a. The unit shall not engage in nor be assigned any duties or responsibilities other than those authorized by or necessary to carry out the provisions of this section.
(P.A. 92-173; P.A. 00-211, S. 2; P.A. 22-89, S. 17.)
History: P.A. 00-211 amended Subsec. (b) to require quarterly reports to be submitted to the Insurance Commissioner; P.A. 22-89 made technical changes in Subsecs. (a) and (b), effective May 24, 2022.
No indication that legislature intended statutes authorizing penalties for workers' compensation fraud to encompass sanctions against employees for misrepresentations on employment applications. 244 C. 781.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-291a. - Method of computing workers' compensation premiums for construction contractors.

On or before July 1, 1996, the rating organization licensed pursuant to section 38a-672 shall file with the Insurance Commissioner a method of computing workers' compensation premiums which does not discriminate against or penalize employers in the construction industry solely because they pay higher wages than other employers to workers in the same job classification. Such method shall grant premium credits to construction contractors (1) who have workers' compensation insurance policies in which at least fifty per cent of the premium is attributable to construction classifications and (2) whose experience modification is unity or less as of July 1, 1996. Such credits shall apply to workers' compensation insurance policies issued or renewed on or after July 1, 1996.
(P.A. 95-262, S. 1, 3.)
History: P.A. 95-262 effective July 6, 1995.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-291b. - Method of computing workers' compensation premiums for volunteer staff of municipality or volunteer ambulance service.

On or before October 1, 2009, the rating organization licensed pursuant to section 38a-672 shall file with the Insurance Commissioner a method of calculating workers' compensation premiums for volunteer staff which does not base such premium calculation primarily on the number of ambulances owned by the municipality or volunteer ambulance service. Such method shall be based primarily on ambulance usage and shall apply to workers' compensation insurance policies issued or renewed on or after October 1, 2009. Ambulance usage shall be determined by the estimated number of calls responded to annually. For purposes of this section, “municipality or volunteer ambulance service” means a volunteer organization or municipality licensed by the Commissioner of Public Health to transport patients.
(P.A. 09-88, S. 1.)
History: P.A. 09-88 effective June 2, 2009.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-292. - Liability of employer for worker lent to or employed by another.

When the services of a worker are temporarily lent or let on hire to another person by the person with whom the worker has entered into a contract of service, the latter shall, for the purposes of this chapter, be deemed to continue to be the employer of such worker while he is so lent or hired by another.
(1949 Rev., S. 7424; 1958 Rev., S. 31-155; 1961, P.A. 491, S. 14; P.A. 79-376, S. 42.)
History: 1961 act entirely replaced previous provisions; P.A. 79-376 substituted “worker” for “workmen”.
Loaned employee when loanee had right of control. 114 C. 143. Employee of contractor collecting rubbish for city is not loaned employee. Id., 546. Construction of section. 121 C. 640.
Section is meant to address an employer's liability for workers' compensation coverage in instances where the employee may not be working for the employer at the time of injury. 147 CA 380.
Cited. 22 CS 163.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-294. - Notice of injury and of claim for compensation.

Section 31-294 is repealed.
(1949 Rev., S. 7426, 7442; 1953, 1955, S. 3041d; 1958, S. 31-157, 31-168; 1959, P.A. 387; 580, S. 8; 1961, P.A. 491, S. 16; 1963, P.A. 642, S. 36; 1967, P.A. 842, S. 3; 1969, P.A. 692; P.A. 80-124, S. 5; P.A. 81-472, S. 67, 159; P.A. 82-472, S. 108, 183; P.A. 85-133, S. 2; 85-184, S. 1; P.A. 87-160, S. 1; P.A. 88-357, S. 19; P.A. 89-371, S. 22; P.A. 90-116, S. 5; P.A. 91-32, S. 40, 41.)
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-294a. - Eligibility for podiatric care.

Any recipient of benefits under the Workers' Compensation Act shall be eligible to receive the services of a podiatrist to the same extent that such person is eligible to receive the services of a practicing physician, surgeon or dentist.
(1969, P.A. 556, S. 4; P.A. 79-376, S. 43.)
History: P.A. 79-376 replaced “workmen's compensation” with “workers' compensation”.
Cited. 228 C. 1.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-294b. - Report of injury to employer. Notice of claim form provided by commission.

(a) Any employee who has sustained an injury in the course of his employment shall immediately report the injury to his employer, or some person representing his employer. If the employee fails to report the injury immediately, the administrative law judge may reduce the award of compensation proportionately to any prejudice that he finds the employer has sustained by reason of the failure, provided the burden of proof with respect to such prejudice shall rest upon the employer.
(b) Once the first report of injury has been submitted to the Workers' Compensation Commission, pursuant to section 31-294c, by the employer, the employer's insurance carrier or the employer's representative, the Workers' Compensation Commission shall provide to the injured employee, not later than five business days after receipt of such notice, a copy of Form 30C, Notice of Claim for Compensation, or any successor form prepared by the Workers' Compensation Commission to help injured employees comply with the notice requirements of section 31-294c. The Workers' Compensation Commission shall provide such form to the injured employee in person or by mail sent to such employee's current address on file with the employer.
(P.A. 91-32, S. 10, 41; P.A. 08-3, S. 1; P.A. 21-18, S. 1.)
History: P.A. 08-3 designated existing provisions as Subsec. (a) and added Subsec. (b) re Workers' Compensation Commission providing Form 30C or successor form to employee following filing of first report of injury; pursuant to P.A. 21-18, “commissioner” was changed editorially by the Revisors to “administrative law judge” in Subsec. (a), effective October 1, 2021.
Cited. 228 C. 1; 237 C. 1.
Employer's first report of injury form and an attorney's letter taken together meet statutory requirement of written notice of claim. 52 CA 194.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-294e. - Employee's option to obtain medical care at employee's expense. Refusal of employee to accept or obtain reasonable medical care.

(a) At his option, the injured employee may refuse the medical and surgical aid or hospital and nursing service provided by his employer and obtain the same at his own expense.
(b) If it appears to the administrative law judge that an injured employee has refused to accept and failed to obtain reasonable medical and surgical aid or hospital and nursing service, all rights of compensation under the provisions of this chapter shall be suspended during such refusal and failure.
(P.A. 91-32, S. 13, 41; P.A. 21-18, S. 1.)
History: Pursuant to P.A. 21-18, “commissioner” was changed editorially by the Revisors to “administrative law judge” in Subsec. (b), effective October 1, 2021.
Cited. 228 C. 1.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-294g. - State employee notice of claim for compensation.

Whenever the Commissioner of Administrative Services receives a notice of claim for compensation from an employee of the state pursuant to subsection (a) of section 31-294c, the Commissioner of Administrative Services shall send a copy of the notice of claim to the chief executive officer of the state agency, department, board, institution or commission in which the employee works.
(P.A. 91-339, S. 15, 55.)
Cited. 228 C. 1.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-294h. - Benefits for police officer suffering mental or emotional impairment arising from use of deadly force or subjection to deadly force in line of duty.

Notwithstanding any provision of this chapter, workers' compensation benefits for any police officer, as described in subparagraph (B)(ii)(II) of subdivision (16) of section 31-275, who suffers a mental or emotional impairment arising from such police officer's use of deadly force or subjection to deadly force in the line of duty, shall be limited to treatment by a psychologist or a psychiatrist who is on the approved list of practicing physicians established by the chairperson of the Workers' Compensation Commission pursuant to section 31-280.
(P.A. 05-208, S. 5; P.A. 12-126, S. 2; P.A. 19-17, S. 3.)
History: P.A. 12-126 designated existing provision re police officer as Subdiv. (1) and added Subdiv. (2) re firefighter, effective June 15, 2012, and applicable to any claim filed after that date; P.A. 19-17 replaced “defined in subparagraph (B)(ii)” with “described in subparagraph (B)(ii)(II)”, deleted Subdiv. (2) re firefighter who suffers mental or emotional impairment diagnosed as post-traumatic stress disorder”, deleted Subdiv. (1) designator, and made a technical change, effective July 1, 2019.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-294i. - Municipal firefighters and police officers. Employer presumption of liability for cardiac emergencies.

For the purpose of adjudication of claims for payment of benefits under the provisions of this chapter to a uniformed member of a paid municipal fire department or a regular member of a paid municipal police department or constable who began such employment on or after July 1, 1996, any condition or impairment of health caused by a cardiac emergency occurring to such member on or after July 1, 2009, while such member is in training for or engaged in fire duty at the site of an accident or fire, or other public safety operation within the scope of such member's employment for such member's municipal employer that results in death or temporary or permanent total or partial disability, shall be presumed to have been suffered in the line of duty and within the scope of such member's employment, unless the contrary is shown by a preponderance of the evidence, provided such member successfully passed a physical examination on entry into service conducted by a licensed physician, physician assistant or advanced practice registered nurse designated by such department which examination failed to reveal any evidence of such condition. For the purposes of this section, “cardiac emergency” means cardiac arrest or myocardial infarction, and “constable” means any municipal law enforcement officer who is authorized to make arrests and has completed Police Officer Standards and Training Council certification pursuant to section 7-294a.
(P.A. 08-61, S. 1; P.A. 19-98, S. 5; P.A. 21-196, S. 57.)
History: P.A. 08-61 effective July 1, 2009; P.A. 19-98 added “or advanced practice registered nurse”; P.A. 21-196 added reference to physician assistant.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-294j. - Eligibility of municipal firefighters, police officers, constables and volunteer ambulance service members re benefits for diseases arising out of and in the course of employment.

For the purpose of adjudication of claims for payment of benefits under the provisions of this chapter, a uniformed member of a paid municipal or volunteer fire department, a regular member of a paid municipal police department, a constable, as defined in section 31-294i, or a member of a volunteer ambulance service shall be eligible for such benefits for any disease arising out of and in the course of employment, including, but not limited to, hepatitis, meningococcal meningitis, tuberculosis, Kahler's Disease, non-Hodgkin's lymphoma, and prostate or testicular cancer that results in death or temporary or permanent total or partial disability.
(P.A. 10-37, S. 1; June Sp. Sess. P.A. 10-1, S. 55.)
History: June Sp. Sess. P.A. 10-1 made technical changes.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-294l. - Firefighters claim due to cancer diagnosis. Record.

The Workers' Compensation Commission shall maintain a record of all workers' compensation claims made by firefighters due to a cancer diagnosis. Not later than January first of each year, the Workers' Compensation Commission shall submit a report summarizing such records to the joint standing committee of the General Assembly having cognizance of matters relating to labor.
(P.A. 22-139, S. 2.)
History: P.A. 22-139 effective May 27, 2022.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-296a. - Discontinuance or reduction of payments under oral agreements.

No employer shall discontinue or reduce payment on account of total or partial incapacity under any oral agreement or in any case where the employer's acceptance of compensability has been conclusively presumed under subsection (b) of section 31-294c because of failure to file a timely notice contesting liability, if it is claimed by or on behalf of the injured person that his incapacity still continues, unless such employer notifies the administrative law judge and the employee of the proposed discontinuance or reduction in the manner prescribed in section 31-296 and the administrative law judge specifically approves such discontinuance or reduction in writing.
(1971, P.A. 510, S. 2; 1972, P.A. 43; P.A. 88-106, S. 2; P.A. 92-31, S. 3, 7; P.A. 21-18, S. 1.)
History: 1972 act prohibited discontinuing payments “in any case where the employer's acceptance of compensability has been conclusively presumed ... because of failure to file a timely notice contesting liability”; P.A. 88-106 added the provisions regarding the reduction of benefits; P.A. 92-31 made a technical change; pursuant to P.A. 21-18, “commissioner” was changed editorially by the Revisors to “administrative law judge”, effective October 1, 2021.
Cited. 28 CA 113.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-297a. - Informal hearings.

In any informal hearing held by the administrative law judge or chairperson of the Workers' Compensation Commission in regard to compensation under the provisions of this chapter, any recommendations made by the administrative law judge or chairperson at the informal hearing shall be reduced to writing and, if the parties accept such recommendations, the recommendations shall be as binding upon both parties as an award by the administrative law judge or chairperson. The administrative law judge or chairperson shall not postpone any such informal hearing if one party fails to attend unless both parties agree to the postponement.
(P.A. 91-339, S. 17, 55; P.A. 93-228, S. 10, 35; P.A. 21-18, S. 1; P.A. 22-89, S. 21.)
History: P.A. 93-228 authorized chairman of workers' compensation commission to preside over informal hearings, effective July 1, 1993; 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 made technical changes, effective May 24, 2022.
Cited. 42 CA 147.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-298a. - Use of medical panel. Duties of commissioner and panel. Appeal. Regulations.

Section 31-298a is repealed, effective October 1, 2021.
(P.A. 81-392, S. 1–4; P.A. 91-339, S. 18, 55; P.A. 21-18, S. 8.)
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-299. - Prior statements of parties as evidence at hearings before administrative law judges.

At any hearing before an administrative law judge no written statement, and no oral statement taken by means of tape recorder or any mechanical, electrical or electronic device, concerning the facts out of which the claim arose or affecting such claim, given by either party to the other, or to his agent, attorney or insurer, shall be admissible in evidence unless a copy of the written statement or a transcript of the oral statement, as the case may be, is retained by the party giving such statement or delivered to him at the time such statement was given or within thirty days thereafter. In the case of an oral statement taken by means of tape recorder or other mechanical, electrical or electronic device, the person recording such oral statement shall prepare a full and complete transcript thereof and submit it to the person giving such statement for signature and such transcript must be signed by the employee before such statement may be used at any such hearing.
(1949 Rev., S. 7448; 1958 Rev., S. 31-175; 1961, P.A. 491, S. 21; 1967, P.A. 842, S. 9; P.A. 21-18, S. 1.)
History: 1961 act entirely replaced previous provisions; 1967 act added provisions re oral statements at hearings; pursuant to P.A. 21-18, “commissioner” and “compensation commissioner” were changed editorially by the Revisors to “administrative law judge”, effective October 1, 2021.
Cited. 159 C. 302.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-299a. - Payments under group medical policy not defense to claim for benefits. Health insurer's duty to pay. Lien.

(a) Where an employer contests the compensability of an employee's claim for compensation, proof of payment made under a group health, medical or hospitalization plan or policy shall not be a defense to a claim for compensation under this chapter.
(b) Where an employer contests the compensability of an employee's claim for compensation, and the employee has also filed a claim for benefits or services under the employer's group health, medical, disability or hospitalization plan or policy, the employer's health insurer may not delay or deny payment of benefits due to the employee under the terms of the plan or policy by claiming that treatment for the employee's injury or disease is the responsibility of the employer's workers' compensation insurer. The health insurer may file a claim in its own right against the employer for the value of benefits paid by the insurer within two years from payment of the benefits. The health insurer shall not have a lien on the proceeds of any award or approval of any compromise made by the administrative law judge pursuant to the employee's compensation claim, in accordance with the provisions of section 38a-470, unless the health insurer actually paid benefits to or on behalf of the employee.
(1967, P.A. 842, S. 29; P.A. 84-139, S. 1, 2; P.A. 91-32, S. 18, 41; P.A. 93-228, S. 12, 35; P.A. 21-18, S. 1.)
History: P.A. 84-139 added Subsec. (b), providing that an employer's health insurer may not deny benefits to an otherwise eligible employee because that employee has filed a workers' compensation claim which has been contested; P.A. 91-32 made technical changes; P.A. 93-228 amended Subsec. (b) to allow a health insurer to recover from an employer the value of benefits paid to or on behalf of an employee for an injury compensable under this chapter and to prohibit a health insurer who has not paid benefits to or on behalf of an injured employee from placing a lien on the employee's workers' compensation award, effective July 1, 1993; pursuant to P.A. 21-18, “commissioner” was changed editorially by the Revisors to “administrative law judge” in Subsec. (b), effective October 1, 2021.
Cited. 219 C. 439.
Cited. 22 CA 539; judgment reversed, see 219 C. 439.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-301a. - Decision of Compensation Review Board.

Any decision of the Compensation Review Board, in the absence of an appeal therefrom, shall become final after a period of twenty days has expired from the issuance of notice of the rendition of the judgment or decision.
(P.A. 79-540, S. 4; P.A. 91-339, S. 21, 55.)
History: P.A. 91-339 changed “compensation review division” to “compensation review board”.
Awards become final if and when parties fail to appeal within applicable statutory time period and are not “pending matters” subject to modification based on subsequent changes in law. 244 C. 1.
Cited. 28 CA 113.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-301b. - Appeal of decision of Compensation Review Board.

Any party aggrieved by the decision of the Compensation Review Board upon any question or questions of law arising in the proceedings may appeal the decision of the Compensation Review Board to the Appellate Court, whether or not the decision is a final decision within the meaning of section 4-183 or a final judgment within the meaning of section 52-263.
(P.A. 79-540, S. 5; June Sp. Sess. P.A. 83-29, S. 15, 82; P.A. 91-339, S. 22, 55; P.A. 09-178, S. 1.)
History: June Sp. Sess. P.A. 83-29 deleted reference to appellate session of the superior court and included reference to appellate court; P.A. 91-339 changed “compensation review division” to “compensation review board”; P.A. 09-178 added provision re appeal to Appellate Court whether or not decision is a final decision or a final judgment, effective June 30, 2009.
Cited. 193 C. 59; 206 C. 242; 218 C. 181; 219 C. 674; 223 C. 376; 226 C. 569; 227 C. 261; 228 C. 401; Id., 535; 231 C. 287; Id., 469; 235 C. 790; 239 C. 676; 241 C. 282. Awards become final if and when parties fail to appeal within applicable statutory time period and are not “pending matters” subject to modification based on subsequent changes in law. 244 C. 1. Defendant was an aggrieved party for purpose of appeal to Appellate Court. 245 C. 437. In order for decision of review board to be appealable under section, it must be a decision that has the same elements of finality as a final judgment rendered by a trial court. 246 C. 281. Meaning of “any party” discussed. 250 C. 147. Appeal dismissed due to lack of a final judgment in matter that required a remand to worker's compensation commissioner to apportion liability. 282 C. 386. Sec. 1-2z does not overrule prior case law importing a final judgment requirement into this section. Id., 477. Under 2009 revision, Appellate Court improperly concluded that it lacked subject matter jurisdiction for lack of a final judgment in matter in which defendant challenged the commissioner's initial finding of plaintiff's total disability, but after remand by the board to the commissioner, did not challenge the commissioner's subsequent findings and award specifying amounts to be paid to plaintiff. 303 C. 238.
Cited. 3 CA 162; Id., 335; Id., 370; 6 CA 45; Id., 498; 13 CA 566; 21 CA 107; 26 CA 194; 28 CA 113; 33 CA 495; Id., 695; 36 CA 298; 37 CA 392; Id., 648; 38 CA 1; 39 CA 653; 41 CA 116; 45 CA 199.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-301c. - Costs of appeal. Interest added to award affirmed on appeal.

(a) No costs shall be taxed in favor of either party on any such appeal either in the Compensation Review Board or in the Appellate Court, and no party shall be liable to pay any fees or costs in connection therewith, except the record fee on appeal to the Supreme Court; provided, if an appeal is taken to the Appellate Court from a decision of the Compensation Review Board, and such appeal is found by said court to be either frivolous or taken for the purpose of vexation or delay, said court may tax costs in its discretion against the person so taking the appeal.
(b) Whenever an employer or his insurer appeals an administrative law judge's award, and upon completion of the appeal process the employer or insurer loses such appeal, the Compensation Review Board or the Appellate Court, as the case may be, shall add interest on the amount of such award affirmed on appeal and not paid to the claimant during the pendency of such appeal, from the date of the original award to the date of the final appeal decision, at the rate prescribed in section 37-3a.
(P.A. 79-540, S. 6; June Sp. Sess. P.A. 83-29, S. 30, 82; P.A. 84-288; P.A. 89-316, S. 2; P.A. 91-339, S. 23, 55; P.A. 21-18, S. 1.)
History: June Sp. Sess. P.A. 83-29 deleted reference to appellate session of the superior court and added reference to appellate court; P.A. 84-288 added Subsec. (b), which provides that the final arbiter of an appeal on an award shall add 6% interest to the amount of the award which is unpaid and affirmed by his decision; P.A. 89-316 amended Subsec. (b) to change the rate of interest from 6% per annum to the rate “prescribed in section 37-3a”; P.A. 91-339 changed “compensation review division” to “compensation review board”; pursuant to P.A. 21-18, “commissioner's” was changed editorially by the Revisors to “administrative law judge's” in Subsec. (b), effective October 1, 2021.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-301d. - Power of Compensation Review Board re witnesses and production of evidence. Enforcement of order.

The Compensation Review Board and each member thereof shall have the same power in summoning and examining witnesses and in requiring production of evidence as is vested in each administrative law judge under section 31-278. The Superior Court, on application of the chief of the Compensation Review Board, may enforce by appropriate decree or process, any provision of this chapter or any proper order of the Compensation Review Board rendered pursuant to any such provision.
(P.A. 79-540, S. 8; P.A. 80-483, S. 96, 186; P.A. 91-339, S. 24, 55; P.A. 21-18, S. 1.)
History: P.A. 80-483 substituted “pursuant to” for “in pursuance of”; P.A. 91-339 changed “compensation review division” to “compensation review board” and “chairman” to “chief” of the board; pursuant to P.A. 21-18, “commissioner” was changed editorially by the Revisors to “administrative law judge”, effective October 1, 2021.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-302. - Payment of compensation. Commutation into monthly, quarterly or lump sums.

Compensation payable under this chapter shall be paid at the particular times in the week and in the manner the administrative law judge may order, and shall be paid directly to the persons entitled to receive them unless the administrative law judge, for good reason, orders payment to those entitled to act for such persons, except that when the administrative law judge finds it just or necessary, the administrative law judge may approve or direct the commutation, in whole or in part, of weekly compensation under the provisions of this chapter into monthly or quarterly payments, or into a single lump sum, which may be paid to the one then entitled to the compensation, and the commutation shall be binding upon all persons entitled to compensation for the injury in question. In any case of commutation, a true equivalence of value shall be maintained, with due discount of sums payable in the future; and, when commutation is made into a single lump sum, (1) the administrative law judge may direct that it be paid to any savings bank, trust company or life insurance company authorized to do business within this state, to be held in trust for the beneficiary or beneficiaries under the provisions of this chapter and paid in conformity with the provisions of this chapter, and (2) the parties, by agreement and with approval of the administrative law judge, may prorate the single lump sum over the life expectancy of the injured employee.
(1949 Rev., S. 7451; 1958 Rev., S. 31-178; 1961, P.A. 491, S. 24; P.A. 91-32, S. 20, 41; P.A. 04-214, S. 1; P.A. 21-18, S. 1.)
History: 1961 act entirely replaced previous provisions; P.A. 91-32 made technical changes; P.A. 04-214 made a technical change, designated existing provisions re lump sum payments as Subdiv. (1), and added Subdiv. (2) to allow prorating of lump sum payments over life expectancy of injured employee, effective June 3, 2004; pursuant to P.A. 21-18, “commissioner” was changed editorially by the Revisors to “administrative law judge”, effective October 1, 2021.
Commutation can be made only when compensation period is definite. 96 C. 674; 98 C. 236; 108 C. 644. When commutation may be made in cases of total or partial incapacity. 120 C. 541. Award commuted into lump sum becomes final judgment. 126 C. 491. Award did not establish existence of a compensable claim. 137 C. 185. Cited. 208 C. 576; 226 C. 569.
Cited. 26 CA 194.
Record of agreement for lump-sum payment improperly excluded in action for damages for injury to person since it would have contradicted plaintiff's statement that at time of injury sued on he was suffering from no other disability. 3 Conn. Cir. Ct. 371.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-303. - Day when compensation payments become due. Penalty for late payments.

Payments agreed to under a voluntary agreement shall commence on or before the twentieth day from the date of agreement. Payments due under an award shall commence on or before the twentieth day from the date of such award. Payments due from the Second Injury Fund shall be payable on or before the twentieth business day after receipt of a fully executed agreement. Any employer who fails to pay within the prescribed time limitations of this section shall pay a penalty for each late payment, in the amount of twenty per cent of such payment, in addition to any other interest or penalty imposed pursuant to the provisions of this chapter.
(1959, P.A. 580, S. 21; 1961, P.A. 491, S. 26; P.A. 89-70, S. 1, 2; P.A. 93-228, S. 14, 35; P.A. 04-47, S. 1.)
History: 1961 act entirely replaced previous provisions; P.A. 89-70 added the provision allowing the second injury fund ten business days to make payments; P.A. 93-228 added provision imposing 20% penalty, in addition to interest and other existing penalties, on compensation payments which are paid more than ten days after the date of the agreement or award, effective July 1, 1993; P.A. 04-47 replaced references to “tenth” day with references to “twentieth” day, effective May 4, 2004.
Cited. 233 C. 14. Phrase “payments due under an award” does not encompass attorney's fees included in award pursuant to Sec. 31-300, and such attorney's fees are not subject to penalty as a late payment thereunder. 260 C. 21.
Penalty provision applicable to workers' compensation cases resolved by stipulation; penalty provision may be applied before effective date. 54 CA 841. Section is not ambiguous and, when read with Sec. 31-301(f) and (g), requires payment to commence within 20 days of order for payment pending appeal of award or imposition of 20 per cent late fee. 114 CA 822.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-304. - Destruction of agreement.

Section 31-304 is repealed, effective October 1, 2021.
(1955, S. 3048d; 1961, P.A. 491, S. 27; P.A. 21-18, S. 8.)
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-305. - Medical examinations.

Section 31-305 is repealed.
(1949 Rev., S. 7445; 1958 Rev., S. 31-172; 1961, P.A. 491, S. 28; 1967, P.A. 842, S. 11; P.A. 87-160, S. 2; P.A. 91-32, S. 40, 41.)
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-306a. - Payments due children committed to the Commissioner of Social Services or the Commissioner of Children and Families.

Notwithstanding any contrary provision in section 31-306, any compensation due on behalf of any presumptive dependent child under the provisions of said section, which child has been committed to the Commissioner of Social Services or the Commissioner of Children and Families as neglected or uncared for, shall be payable to the commissioner as legal guardian of the child less fees approved under subsection (b) of section 31-327.
(1967, P.A. 574, S. 1; P.A. 74-251, S. 12; P.A. 77-614, S. 521, 610; P.A. 91-32, S. 22, 41; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87.)
History: P.A. 74-251 added reference to children committed to children and youth services commissioner; P.A. 77-614 replaced welfare commissioner with commissioner of human resources, effective January 1, 1979; P.A. 91-32 made technical changes; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993.
2023 Connecticut General Statutes › Title 31 - Labor › Chapter 568 - Workers' Compensation Act › Section 31-306b. - Written notice of potential eligibility for death benefits.

(a) Not later than thirty days after the date an employer or insurer discontinues paying weekly disability benefits to an injured employee under the provisions of this chapter due to the death of the injured employee, the employer or insurer shall send by registered or certified mail to the last address to which the injured employee's workers' compensation benefit checks were mailed, a written notice stating, in simple language, that dependents of the deceased employee may be eligible for death benefits under this chapter, subject to the filing and benefit eligibility requirements of this chapter.
(b) Not later than October 1, 1998, the chairperson of the Workers' Compensation Commission shall develop a standard form that may be used by employers and insurers to provide the notice required under subsection (a) of this section.
(c) The failure of an employer or insurer to comply with the notice requirements of subsection (a) of this section shall not excuse a dependent of a deceased employee from making a claim for compensation within the time limits prescribed by subsection (a) of section 31-294c unless the dependent of the deceased employee demonstrates, in the opinion of the administrative law judge, that he was prejudiced by such failure to comply. Each dependent who, in the opinion of the administrative law judge, demonstrates that he was prejudiced by the failure of an employer or insurer to comply with the notice requirements of subsection (a) of this section shall be granted an extension of time in which to file a notice of claim for compensation with the deceased employee's employer or insurer pursuant to section 31-294c, but such extension shall not exceed the period of time equal to the interim between the end of the thirty-day period set forth in subsection (a) of this section and the date the notice required under said subsection was actually mailed.
(P.A. 98-104, S. 1; P.A. 21-18, S. 1; P.A. 22-89, S. 23.)
History: Pursuant to P.A. 21-18, “commissioner” was changed editorially by the Revisors to “administrative law judge” in Subsec. (c), effective October 1, 2021; P.A. 22-89 made a technical change in Subsec. (b), effective May 24, 2022.