Connecticut Administrative Code › Title 31 - Labor › 354 - Second Injury Fund › Section 31-354-1 - Definitions

Current through July 10, 2024
For purposes of Sections 31-354-1 to 31-354-34, inclusive of
				the Regulations of Connecticut State Agencies, the following definitions
				apply:
(1) "Acknowledgement of Prior
			 Physical Condition" means a written notice from the employee to the employer in
			 accordance with the provisions of section
			 31-325 of
			 the General Statutes of any physical defect which imposes a further or unusual
			 hazard upon the employer.
(2)
			 "Agent" means a person who is authorized by a principal to act for or in place
			 of that principal.
(3) "Appeal"
			 means a request for a hearing before the Compensation Review Board to hear
			 appeals from decisions made by commissioners pursuant to Chapter 568.
(4) "COLA" means the cost of living
			 adjustment provided to claimants pursuant to Chapter 568.
(5) "Carrier" means the insurance company who
			 represents the employer and pays compensation benefits to employees who have
			 suffered a compensable injury.
(6)
			 "Claimant" means the injured employee, or in the case of his or her death, his
			 or her estate, and any class of dependents who may be entitled to benefits
			 under Chapter 568.
(7) "Compensable
			 Injury" means an injury for which a claimant is entitled to benefits under
			 Chapter 568.
(8) "Commission" means
			 the Workers' Compensation Commission.
(9) "Commissioner" means the compensation
			 commissioner or other duly authorized person or a person who has jurisdiction
			 in the matter referred to in the context.
(10) "Compensation" means benefits or
			 payments mandated by the provisions of Chapter 568.
(11) "Compensation Rate" means the amount of
			 weekly compensation that is equal to the percentage of average weekly earnings
			 as of the date of the injury, calculated pursuant to the provisions of Chapter
			 568.
(12) "Compensation Review
			 Board" means the chairman or his authorized representative and 2 commissioners
			 appointed by him who sit on a review board and hear appeals from decisions made
			 by compensation commissioners pursuant to section
			 31-280b
			 of the General Statutes.
(13)
			 "Concurrent Employment" means the employment of a claimant with more than one
			 employer at time of injury.
(14)
			 "Custodian of the Fund" means the treasurer of the state of Connecticut or his
			 designee.
(15) "Debtor" means one
			 who owes a debt to a creditor, who may be compelled to pay that debt to another
			 pursuant to section
			 31-355a
			 of the General Statutes.
(16)
			 "Fund" means the Second Injury Fund.
(17) "Date of Liability" means the date when
			 the Fund becomes statutorily responsible for a claim.
(18) "Date of Transfer" means the date the
			 Fund's liability for a compensable injury is approved by a
			 commissioner.
(19) "Dependent"
			 means a member of the injured employee's family or next of kin who was
			 dependent upon the earnings of the employee at the time of injury.
(20) "Employee" means any person as defined
			 in subsection 9 of §
								31-275 of
			 the General Statutes.
(21)
			 "Employer" means any entity as defined in subsection 10 of §
								31-275 of
			 the General Statutes.
(22) "Finding
			 and Award" means a document issued by a commissioner determining the resolution
			 of a disputed matter.
(23) "Formal
			 Hearing" means a hearing before a commissioner where all evidence and arguments
			 are recorded by a court reporter.
(24) "Group Program" means an insurance
			 program providing health and accident benefits to claimants pursuant to
			 subsection (f) of section
			 31-349
			 of the General Statutes.
(25)
			 "Informal Hearing" means an informal discussion by parties in interest in an
			 attempt to resolve a claim.
(26)
			 "Lien" means a claim, encumbrance, or charge on property for the payment of a
			 debt or the performance of an obligation.
(27) "Notice" means a notice in writing given
			 to the custodian of the Fund, or his designee, as required by the following
			 sections: 31-355, 31-349, 31-310, 31-307a, 31-306, and subsection (d) of
			 31-284b of the General Statutes.
(28) "Occupational Disease" means any disease
			 peculiar to the occupation in which the employee was engaged in excess of the
			 ordinary hazards of employment.
(29) "Order of Payment" means an award made
			 by the commissioner.
(30)
			 "Physician" means any person defined in section
			 20-1 of the
			 General Statutes and licensed under the provisions of Chapters 370, 371, 372
			 and 373 of the General Statutes to practice in this state.
(31) "Previous Disability" means an
			 employee's pre-existing condition, a permanent physicial impairment resulting
			 from accidental injury, disease or congenital causes.
(32) "Stipulation" means a voluntary
			 agreement between the parties where consideration is exchanged to relieve the
			 respondent from any further obligations it may have to the claimant.
(33) "Respondent" means the employer and/or
			 its insurance carrier, and/or the Fund.
(34) "Second Injury" means a compensable
			 injury to an employee with a previous disability.
(35) "Transfer Agreement" means an agreement
			 in writing to pass compensation liability from an employer or its insurer to
			 the Fund in accordance with statutory requirements.
(36) "Trustee" means one who holds property
			 in trust for the benefit of another, and who may be compelled to surrender that
			 property to a creditor of that beneficiary in accordance with the provisions of
			 section
			 31-355a
			 of the General Statutes.
(37)
			 "Voluntary Agreement" means a document negotiated between an employer and its
			 employee, establishing a consent to compensation. It is the basis for all
			 compensation claims when there is no dispute that the claimant suffered a
			 compensable injury.