reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 31 - Labor › 284 - Self-Insurance Certification › Section 31-284-10 - Excess insurance

Current through July 10, 2024
(a) Excess
			 insurance shall be maintained by each self-insurer unless waived by the
			 Chairman or his designee.
(b)
			 Excess insurance shall be issued by an insurance carrier permitted to write
			 workers' compensation insurance in the State of Connecticut. The Chairman shall
			 approve the issuing carrier, coverage language, upper limits, and retained
			 amounts of the policy. Thirty (30) days advance notice to the Chairman or his
			 designee is required for cancellation.
(c) Failure to maintain said coverage will be
			 grounds for automatic revocation of a self-insurance certificate.
Connecticut Administrative Code › Title 31 - Labor › 284 - Self-Insurance Certification › Section 31-284-11 - Reporting requirements

Current through July 10, 2024
(a)
Financial
			 Reports.
Initial applications shall be accompanied by the three (3)
			 proceeding fiscal years' independently audited financial reports. Renewal
			 applicants shall submit the latest available fiscal year-end audited financial
			 reports. Current self-insurers shall submit audited financial year-end reports
			 within thirty (30) days of availability.
(1)
			 If the latest audited financial statement is more than six (6) months old, the
			 corporate treasurer, partner, or proprietor, shall file an affidavit stating
			 that there has been no significant deterioration in the financial condition of
			 the applicant.
(2) If there has
			 been a material adverse change since the date of the audited financial report,
			 an explanation from the company treasurer shall be attached or a new statement
			 prepared and submitted.
Connecticut Administrative Code › Title 31 - Labor › 284 - Self-Insurance Certification › Section 31-284-13 - Reserves

Current through July 10, 2024
All self-insurers are required to evaluate and maintain
				adequate records of the future liability of all claims incurred under its
				self-insurance program. Future liabilities shall represent the probable total
				cost of compensation over the life of each claim, based on all available
				information at the valuation date for the period of time covered by the annual
				report. Reserves shall be reported at least annually at the time of renewal,
				more frequent reports, however, may be required.
Connecticut Administrative Code › Title 31 - Labor › 284 - Self-Insurance Certification › Section 31-284-14 - Additional reporting requirements

Current through July 10, 2024
(a) The Chairman or
			 his designee shall be notified within ten (10) days by certified mail of any
			 bankruptcy filing by a current or former self-insurer.
(b) If there is a change in the majority
			 ownership of the self-insurer, through sale, merger, or corporate
			 restructuring, the self-insurance certification shall automatically terminate
			 and the employer shall reapply in order to continue self-insurance. The
			 Chairman or his designee may extend termination of the self-insurance
			 certification to allow for filing. In some cases, it may be possible to amend
			 and transfer an existing certificate without a new application.
Connecticut Administrative Code › Title 31 - Labor › 284 - Self-Insurance Certification › Section 31-284-15 - Renewal applications

Current through July 10, 2024
(a) Renewal
			 applications are to be submitted sixty (60) days prior to the expiration of the
			 current certificate of self-insurance. The application is to be completed in
			 full and accompanied by:
(1) Self-insurer's
			 latest audited annual financial report;
(2) Certificate of insurance that shows
			 continued or renewed excess insurance coverage; and
(3) Documented compliance with security
			 requirements.
Connecticut Administrative Code › Title 31 - Labor › 284 - Self-Insurance Certification › Section 31-284-16 - Termination of self-insured status

Current through July 10, 2024
(a) An employer may
			 voluntarily terminate its self-insurance privileges of any or all of its
			 operations by writing to the Chairman or his designee and providing the reason
			 for the termination, the date and time of the intended termination, the carrier
			 name, policy number and effective date of the full coverage insurer assuming
			 the risk after the self-insurance termination, and full identification of the
			 purchaser of any self-insured operations sold, including the date and time the
			 sale is effective.
(b) The Chairman
			 or his designee shall be provided with thirty (30) days advance written notice
			 of an employer's intent to terminate its self-insurance, but no later than ten
			 (10) days after a change in ownership in the case of a sale.
(c) All former self-insurers are responsible
			 for any and all workers' compensation liabilities incurred during the
			 self-insurance period. The incurred liabilities of a subsidiary or division are
			 not subject to transfer to another entity through a sale unless the liabilities
			 are to be fully covered under a workers' compensation insurance policy or a
			 qualified self-insurance program. Such transfer shall have prior written
			 approval from the Chairman or his designee.
(d) Whenever an employer exits the
			 self-insurance program, the Chairman or his designee may require such employer
			 to provide all available information regarding incurred liabilities.
(e) An employer whose self-insurance
			 certification has been terminated or revoked shall continue to provide
			 competent administration of incurred claims. If it is determined by the
			 Chairman or his designee that the claims are not being competently administered
			 or reported, the Chairman or his designee may notify the employer of the
			 problem and require it to be addressed within sixty (60) days. If the problem
			 is not addressed within sixty (60) days, the Chairman or his designee may
			 require the employer to select a new administrator. If the employer fails to
			 enter into an agreement with a new administrator in a timely manner the
			 Chairman or his designee may designate a new claims administrator and the costs
			 shall be borne by the employer.
(f)
			 The Chairman or his designee may seek to enjoin a currently or previously
			 self-insured employer from liquidating its assets, selling its tangible
			 Connecticut property, or moving its operations out of Connecticut before it has
			 received approval from the Chairman or his designee of an acceptable exit plan
			 to provide for the continued payment of its outstanding workers' compensation
			 liabilities.
Connecticut Administrative Code › Title 31 - Labor › 284 - Self-Insurance Certification › Section 31-284-17 - Assessments

Current through July 10, 2024
The assessments made by the Connecticut State Treasurer under
				statutory provisions for the expenses of the operation of the Workers'
				Compensation Commission and the Second Injury Fund, or a subsequent guaranty
				fund, shall be paid in full. Delinquent assessments may be grounds for the
				revocation of a certificate of self-insurance. Each self-insurer shall report
				to the State Treasurer by April first (April 1) of each year the total amount
				of compensation paid in the previous calendar year on all losses incurred
				during any year of its self-insurance program. Administrative assessment
				payments are required of former self-insurers based upon any cases incurred
				during the entire period of self-insurance until all the cases are
				closed.
Connecticut Administrative Code › Title 31 - Labor › 284 - Self-Insurance Certification › Section 31-284-18 - New regulation grace period

Current through July 10, 2024
If the specific requirements prescribed in Sections
				31-284-1
				through
				31-284-17
				would create a hardship on an existing self-insurer, the self-insurer may apply
				to the Chairman or his designee for a temporary deviation waiver. The request
				shall be made in writing before any deadline prescribed in Section
				31-284-7 and
				should include a detailed explanation for the request and the estimated time
				needed to comply. The request may also suggest alternatives for achieving
				substantial compliance during such grace period. Approval of a temporary
				deviation waiver is discretionary upon showing of hardship. Approvals shall be
				in writing. Approvals will advise the self-insurer of its new deadline for
				regulatory compliance and may contain conditions necessary to the approval. The
				Chairman or his designee will not grant a temporary deviation waiver if there
				is reason to believe that a self-insurer is unable to comply with specific
				requirements because of deterioration in its financial position or if such
				waiver will impede the Commission's ability to obtain relevant information to
				monitor a self-insurer's financial condition.
Connecticut Administrative Code › Title 31 - Labor › 284 - Self-Insurance Certification › Section 31-284-20 - Grandfathered employers

Current through July 10, 2024
These regulations apply to any self-insurance program approved
				by the Chairman or his designee on or after October 1, 1996. Employers with
				self-insurance programs approved by the Chairman or his designee prior to
				October 1, 1996 will continue to be covered by the requirements set forth by
				the Chairman at the time they were first approved, however, if the program has
				been approved for two (2) or more years, then at the time of the program's last
				renewal.
Connecticut Administrative Code › Title 31 - Labor › 296 - Filing of Voluntary Agreements › Section 31-296-1 - Voluntary agreements

Current through July 10, 2024
A voluntary agreement shall be prepared by the employer or his
				insurer in connection with all cases concerning which there is no dispute that
				the claimant suffered an accident and injury arising out of and in the course
				of his employment causing either temporary partial or temporary total
				disability beyond the three-day waiting period. The voluntary agreement shall
				be submitted to the claimant for execution by him and forwarded by the employer
				or its insurer to the commissioner having jurisdiction within three weeks after
				the employer has actual knowledge of the accident and that the disability will
				extend beyond the three-day waiting period. Failure of the employer to furnish
				the insurer with a wage statement for the computation of the proper
				compensation rate shall not excuse failure to comply with the provisions of
				this section. Failure or inability of the employer to secure a medical report
				shall not excuse failure to file a voluntary agreement whenever the employer or
				the insurer has actual knowledge, or with reasonable diligence could have
				secured knowledge, that the claimant was actually disabled by a compensable
				accident. Noncompliance with this section is subject to the penalty provided in
				section
				31-288
				of the general statutes.
Connecticut Administrative Code › Title 31 - Labor › 296 - Filing of Voluntary Agreements › Section 31-296-2 - Undetermined liability

Current through July 10, 2024
In any case in which the employer or the insurer doubts the
				fact of accident or the causal relationship between the accident and the
				disability, but wishes to make payment without prejudice and without admitting
				liability, he shall notify both the claimant and the commissioner by letter
				that payment will be made without prejudice. Such letter shall contain a
				statement of the average weekly wage, the compensation disability rate, the
				number of dependent children or stepchildren and the total weekly benefit to be
				paid. A formal notice of the employer's intention to contest liability (Form
				43) shall accompany such letter to protect the respondent's rights. Payments
				without prejudice shall be made for not more than six weeks. If, at the end of
				such period, the employer or insurer has completed his investigation and
				determines the accident is compensable, a voluntary agreement shall be offered.
				Otherwise, the employer shall promptly request an informal
				hearing.
Connecticut Administrative Code › Title 31 - Labor › 301 - Appeal from Compensation Commissioner (CRB Appeal Procedure) › Section 31-301-1 - Appeal

Current through July 10, 2024
An appeal from an award, a finding and award, or a decision of
				the commissioner upon a motion shall be made to the Compensation Review Board
				by filing in the office of the commissioner form which such award or such
				decision on a motion originated an appeal petition and five copies thereof.
				Such appeal shall be filed within twenty days after the entry of such award or
				decision and shall be in substantial conformity with the forms approved by said
				board. Such commissioner within three days thereafter shall mail such petition
				and three copies thereof to the chairman of the Compensation Review board and a
				copy thereof to the adverse party or parties, and shall thereupon, or as soon
				thereafter as shall be practicable, cause to be filed with the Chairman of the
				Compensation Review Board a certified copy of the award or of the decision upon
				a motion together with a finding upon which the award was predicated, with such
				other parts of the record as are necessary for a proper consideration of the
				appeal. The commissioner shall, upon order of the Compensation Review Board,
				file a certified copy of any other document comprising a part of the record
				which the board deems necessary for the proper disposition of the
				appeal.
Connecticut Administrative Code › Title 31 - Labor › 301 - Appeal from Compensation Commissioner (CRB Appeal Procedure) › Section 31-301-2 - Reasons of appeal

Current through July 10, 2024
Within ten days after the filing of the appeal petition, the
				appellant shall file with the compensation review division his reasons of
				appeal. Where the reasons of appeal present an issue of fact for determination
				by the division, issue must be joined by a pleading filed in accordance with
				the rules applicable in ordinary civil actions; but where the issue is to be
				determined upon the basis of the finding of the commissioner and the evidence
				before him, no pleadings by the appellee are necessary.
Connecticut Administrative Code › Title 31 - Labor › 301 - Appeal from Compensation Commissioner (CRB Appeal Procedure) › Section 31-301-3 - Finding

Current through July 10, 2024
The finding of the commissioner should contain only the
				ultimate relevant and material facts essential to the case in hand and found by
				him, together with a statement of his conclusions and the claims of law made by
				the parties. It should not contain excerpts from evidence or merely evidential
				facts, nor the reasons for his conclusions. The opinions, beliefs, reasons and
				argument of the commissioner should be expressed in the memorandum of decision,
				if any be filed, so far as they may be helpful in the decision of the
				case.
Connecticut Administrative Code › Title 31 - Labor › 301 - Appeal from Compensation Commissioner (CRB Appeal Procedure) › Section 31-301-4 - Correction of finding

Current through July 10, 2024
If the appellant desires to have the finding of the
				commissioner corrected he must, within two weeks after such finding has been
				filed, unless the time is extended for cause by the commissioner, file with the
				commissioner his motion for the correction of the finding and with it such
				portions of the evidence as he deems relevant and material to the corrections
				asked for, certified by the stenographer who took it, but if the appellant
				claims that substantially all the evidence is relevant and material to the
				corrections sought, he may file all of it so certified, indicating in his
				motion so far as possible the portion applicable to each correction sought. The
				commissioner shall forthwith, upon the filing of the motion and of the
				transcript of the evidence, give notice to the adverse party or
				parties.
Connecticut Administrative Code › Title 31 - Labor › 301 - Appeal from Compensation Commissioner (CRB Appeal Procedure) › Section 31-301-5 - Evidence to be filed by appellee

Current through July 10, 2024
The appellee should if he deems that additional evidence is
				relevant and material to the motion to correct, within one week after the
				appellant has filed his transcript of evidence, so notify the commissioner, and
				at the earliest time he can procure it file with the commissioner such
				additional evidence.
Connecticut Administrative Code › Title 31 - Labor › 301 - Appeal from Compensation Commissioner (CRB Appeal Procedure) › Section 31-301-6 - Assignable errors

Current through July 10, 2024
The reasons of appeal may assign, in addition to other errors:
				first, that the conclusions of the commissioner are legally inconsistent with
				the subordinate facts found; second, that the commissioner erred in refusing to
				grant a motion to correct the finding or in refusing to find the facts as
				contained in the motion.
Connecticut Administrative Code › Title 31 - Labor › 301 - Appeal from Compensation Commissioner (CRB Appeal Procedure) › Section 31-301-7 - Duty of commissioner on appeal

Current through July 10, 2024
The commissioner shall file with the compensation review
				division, within a reasonable time, such motions together with his decisions
				thereon. If the motions are denied in whole or in part and such denial is made
				a ground of appeal, the commissioner shall, within a reasonable time
				thereafter, file in the compensation review division the transcripts of
				evidence as may have been taken before the commissioner in the form of
				testimony, or taken by him in other ways, and deemed by him to be relevant and
				material to these corrections.
Connecticut Administrative Code › Title 31 - Labor › 301 - Appeal from Compensation Commissioner (CRB Appeal Procedure) › Section 31-301-8 - Function of compensation review division

Current through July 10, 2024
Ordinarily, appeals are heard by the compensation review
				division upon the certified copy of the record filed by the commissioner. In
				such cases the division will not retry the facts or hear evidence. It considers
				no evidence other than that certified to it by the commissioner, and then for
				the limited purpose of determining whether the finding should be corrected, or
				whether there was any evidence to support in law the conclusion reached. It
				cannot review the conclusions of the commissioner when these depend upon the
				weight of the evidence and the credibility of witnesses. Its power in the
				corrections of the finding of the commissioner is analogous to, and its method
				of correcting the finding similar to the power and method of the Supreme Court
				in correcting the findings of the trial court.
Connecticut Administrative Code › Title 31 - Labor › 301 - Appeal from Compensation Commissioner (CRB Appeal Procedure) › Section 31-301-9 - Additional evidence

Current through July 10, 2024
If any party to an appeal shall allege that additional evidence
				or testimony is material and that there were good reasons for failure to
				present it in the proceedings before the commissioner, he shall by written
				motion request an opportunity to present such evidence or testimony to the
				compensation review division, indicating in such motion the nature of such
				evidence or testimony, the basis of the claim of materiality, and the reasons
				why it was not presented in the proceedings before the commissioner. The
				compensation review division may act on such motion with or without a hearing,
				and if justice so requires may order a certified copy of the evidence for the
				use of the employer, the employee or both, and such certified copy shall be
				made a part of the record on such appeal.
Connecticut Administrative Code › Title 31 - Labor › 301 - Appeal from Compensation Commissioner (CRB Appeal Procedure) › Section 31-301-10 - Pro forma award

Current through July 10, 2024
In case of a pro forma award by a commissioner as provided by
				section
				31-324,
				Connecticut General Statutes, if a correction to the commissioner's finding is
				sought, an appeal to the compensation review division shall be taken but shall
				be confined to the issues involved in the corrections
				claimed.
Connecticut Administrative Code › Title 31 - Labor › 313 - Rehabilitation of Employees Who Have Suffered Compensable Injuries › Section 31-313-1 - Definitions

Current through July 10, 2024
"Medical treatment" for the purpose of these regulations means
				any treatment intended to cure or improve the employee's physical or mental
				condition, including necessary prosthesis, made necessary by a compensable
				accident. "Rehabilitation" means the restoration to useful activity of injured
				employees who have reached maximum improvement with medical treatment. These
				reulations shall not be construed to be a limitation upon the injured
				employee's right to all reasonable and proper medical treatment. Ordinarily
				rehabilitation will be used to train injured employees, who are by reason of
				their injury precluded from returning to their usual occupation, to engage in
				other gainful occupations.
Connecticut Administrative Code › Title 31 - Labor › 313 - Rehabilitation of Employees Who Have Suffered Compensable Injuries › Section 31-313-2 - Administrative procedures

Current through July 10, 2024
(a) After a
			 compensable injury of the type which causes both the employer-insurer and the
			 employee to agree that rehabilitation training is desirable and further to
			 agree on the type and extent of such training, the employer-insurer may notify
			 the commissioner by letter that it is complying with the provisions of section
			 31-313
			 of the general statutes by agreement with the employee. The letter should
			 indicate the type of rehabilitation training being furnished and should further
			 indicate that the employer-insurer is reimbursing the employee for the actual
			 cost of such rehabilitation training up to fifteen dollars per week.
(b) If either the employee or the
			 employer-insurer feels that rehabilitative training under this section would be
			 of benefit in returning the injured employee to productive activity, but the
			 parties cannot agree on the issue, either may apply to the commissioner and
			 request a conference. At the time of such request the applying party should
			 indicate the nature and type of rehabilitative training desired, the name of
			 the institution or individual who is suggested as a desirable source of such
			 training and, if possible, an outline of the claimant's qualifications to be a
			 suitable candidate for such training. Upon the receipt of such a request the
			 commissioner shall promptly assign the matter for a conference. If at such
			 conference agreement cannot be reached between the parties, the commissioner
			 shall upon request of any party assign the matter for a formal hearing and at
			 such hearing he shall hear all proper evidence material to the issue.
(c) After such hearing the commissioner shall
			 make a finding and award based on the evidence submitted.
(d) The law provides that the employee shall
			 receive weekly payments up to fifteen dollars per week to pay for
			 rehabilitation treatments. Any excess in cost over the fifteen dollars a week
			 would be the personal responsibility of the employee. It is suggested that by
			 agreement of the parties the payments for rehabilitative treatments up to the
			 sum of fifteen dollars per week may be made directly to the person or
			 institution furnishing such rehabilitation to the employee on behalf of the
			 employee. If, however, the employee does not wish to agree to this method of
			 payment, the employee shall personally pay for the rehabilitative treatments
			 and each week submit a receipt to the employer-insurer so that he may be
			 reimbursed up to the amount of fifteen dollars.
Connecticut Administrative Code › Title 31 - Labor › 316 - Filing of Accident Reports › Section 31-316-1 - Accident reports

Current through July 10, 2024
An accident report, on Form 15, shall be filed with the
				commissioner having jurisdiction, in duplicate, within the week following the
				date of accident, for each accident resulting in either total or partial
				incapacity of one day or more. Such report does not constitute admission of
				liability. Noncompliance with this section is subject to the penalty provided
				in section
				31-288
				of the general statutes.
Connecticut Administrative Code › Title 31 - Labor › 349g - Second Injury Fund Assessment on Employers › Section 31-349g-2 - Fund budget

Current through July 10, 2024
Commencing May 1, 1996 and on or before May 1 of each year
				thereafter, the Custodian of the Fund shall establish a budget which shall be
				an estimate of the revenues and expenses of the Fund for the subsequent fiscal
				year. The Custodian of the Fund shall consider the financial condition and
				liabilities of the Fund and shall provide for a contingency reserve in the
				budget.
Connecticut Administrative Code › Title 31 - Labor › 349g - Second Injury Fund Assessment on Employers › Section 31-349g-3 - Reporting of paid losses

Current through July 10, 2024
On or before April 1, 1996 and annually thereafter, all
				Insurers and Self-Insured Employers shall report to the Custodian of the Fund,
				and to the insurance commissioner, Paid Losses for the preceding calendar year
				in a manner and form prescribed by the Custodian of the Fund.
Connecticut Administrative Code › Title 31 - Labor › 349g - Second Injury Fund Assessment on Employers › Section 31-349g-4 - Apportionment of assessments

Current through July 10, 2024
(a) Commencing on
			 or before May 1, 1996 and annually thereafter, the Custodian of the Fund shall
			 determine from the paid loss data submitted by Insurers and Self-Insured
			 Employers the overall Paid Losses in the Connecticut workers' compensation
			 system for the immediately preceding calendar year.
(b) The Custodian of the Fund shall calculate
			 the pro rata share of Paid Losses attributable to Insured Employers, in the
			 aggregate, and Self-Insured Employers, in the aggregate, which shall determine
			 the proportion of Budget obligations to be assumed by each such aggregate group
			 of employers.
Connecticut Administrative Code › Title 31 - Labor › 349g - Second Injury Fund Assessment on Employers › Section 31-349g-5 - Calculation of assessments

Current through July 10, 2024
(a)
Self-Insured Employers
(1) The
			 pro rata share of Budget obligations attributable to Self-Insured Employers
			 shall be collected through an assessment on all Self-Insured Employers, based
			 on Paid Losses for the preceding calendar year, at a rate and schedule to be
			 determined by the Custodian of the Fund prior to the commencement of the fiscal
			 year.
(2) In the event the
			 Custodian of the Fund determines there is a material change in the Budget, the
			 Custodian of the Fund may revise the rate and schedule of assessments on
			 Self-Insured Employers as necessary to satisfy the pro rata share of Budget
			 obligations attributable to Self-Insured Employers.
Connecticut Administrative Code › Title 31 - Labor › 349g - Second Injury Fund Assessment on Employers › Section 31-349g-6 - Collection and remittance of assessments

Current through July 10, 2024
(a)
Self-Insured Employers
The Custodian of the Fund shall notify each Self-Insured
				Employer of its pro rata share of any scheduled assessment under subdivision
				(1) of subsection (a) of section
				31-349g-5
				of the regulations of Connecticut State Agencies. Each Self-Insured Employer
				shall remit such amount to the Custodian of the Fund within thirty (30) days
				after any such notice.
(b)
Insured Employers
(1) Every
			 Insurer shall collect from each of its policyholders, on behalf of the
			 Custodian of the Fund and in accordance with section
			 31-349g-5
			 of the regulations of Connecticut State Agencies, the Premium Surcharge, which
			 shall be stated separately on the policy or on a separate document. An insurer
			 may cancel a workers' compensation policy for an employer's non-payment of the
			 Premium Surcharge.
(2) Each Insurer
			 shall report and remit to the Custodian of the Fund, within forty-five (45)
			 days following the last day of the calendar quarter, an amount equal to (i) the
			 stated Premium Surcharge for all policies with an effective date during the
			 quarter, and (ii) the Premium Surcharge due to adjustments made to Standard
			 Premium during the quarter for all policies with an effective date on or after
			 January 1, 1996 and prior to the quarter. The Custodian of the Fund shall
			 prescribe the form of the report and remittance.
(3) For purposes of sections
			 31-349g-1
			 through
			 31-349g-9,
			 Interlocal Risk Management Agencies may remit the Premium Surcharge ratably
			 over the four quarters of the Fiscal Year.
(4) Standard Premium reported by Insurers
			 shall be final except for adjustments made as a result of payroll audits,
			 classification changes, policy cancellations or other similar adjustments.
			 Adjustments to Premium Surcharge based on any such adjustment to Standard
			 Premium shall be made at the Premium Surcharge Rate in effect for the policy
			 being adjusted.
Connecticut Administrative Code › Title 31 - Labor › 349g - Second Injury Fund Assessment on Employers › Section 31-349g-7 - Audit

Current through July 10, 2024
The Custodian of the Fund shall have the right to perform an
				audit on any Self-Insured Employer, Insured Employer, or Insurer relative to
				any information or payment required to be provided to the Custodian of the Fund
				pursuant to sections
				31-349g-1
				through
				31-349g-9.
Connecticut Administrative Code › Title 31 - Labor › 349g - Second Injury Fund Assessment on Employers › Section 31-349g-8 - Penalty for failure to pay assessment

Current through July 10, 2024
Any employer who fails to pay the amount of any assessment
				within the time prescribed pursuant to section
				31-349g-6
				shall pay interest on such deficiency at the rate of fifteen per cent per annum
				from the due date to the payment date.
Connecticut Administrative Code › Title 31 - Labor › 349g - Second Injury Fund Assessment on Employers › Section 31-349g-9 - Interim premium surcharge

Current through July 10, 2024
(a) An interim
			 Premium Surcharge Rate of fifteen percent on Standard Premium shall apply to
			 all workers' compensation and employers liability policies with an effective
			 date between January 1, 1996 through June 30, 1996. Except those in the
			 assigned risk pool, the rate shall be effective for the full term of the
			 policy.
(b) The interim premium
			 surcharge rate for the assigned risk pool shall be 13.6% on Standard Premium
			 which shall apply to all workers' compensation and employers liability policies
			 with an effective date between January 1, 1996 through June 30, 1996. In the
			 assigned risk pool, the rate shall be effective for the full term of the
			 policy.
(c) On or before May 15,
			 1996 and on or before August 15, 1996, Insurers shall remit to the Custodian of
			 the Fund an amount equal to the stated Premium Surcharge, using the interim
			 Premium Surcharge Rate provided in subsection (a) of this section, on all
			 policies with an effective date during the first and second quarters of
			 calendar year 1996, respectively.
Connecticut Administrative Code › Title 31 - Labor › 354 - Second Injury Fund › Section 31-354-2 - Procedures under subsection (d) of section 31-284b of the general statutes

Current through July 10, 2024
(a)
Use of Second Injury Fund
.
An employer who is required under subsection (a) of §
									31-284b
				to provide health and life insurance shall continue and maintain group
				benefits, accident, health and life insurance coverage, or payments into an
				employee welfare fund. The Second Injury Fund is only responsible for
				reimbursement of premiums paid by the employer for such accident, health and
				life insurance coverage for claimants who are totally disabled and whose
				disability continues for 104 weeks.
(b)
Liability
The Second Injury Fund reimbursement liability shall not start
				sooner than the end of 104 weeks. The Second Injury Fund may accept a late
				claim application notice from an employer which shall become effective 60 days
				after the date of notice.
(c)
Notice
(1) Notice to the Fund shall include:
(A) A copy of the voluntary agreement or a
			 copy of the finding and award.
(B)
			 A copy of the insurance policy and evidence of premium payment;
(C) Copies of the medical records or a
			 commissioner's order substantiating temporary total status; and
(D) Copies of the payment record evidencing
			 104 weeks of temporary total status.
Connecticut Administrative Code › Title 31 - Labor › 354 - Second Injury Fund › Section 31-354-3 - Procedures under subsection (f) of Section 31-301 of the general statutes

Current through July 10, 2024
(a)
Condition Precedent to
			 Payment
As conditions precedent to payment of benefits by the fund, the
				claimant shall provide the following:
(1) A copy of the finding and award; and/or
			 the Commissioner's order of payment.
(2) A copy of the petition for review or
			 notice of appeal;
(3) The
			 claimant's base compensation rate;
(4) An affidavit stating that claimant is not
			 receiving benefits from another source; or
(5) Dependency benefit; and
(6) Copies of medical bills attached to the
			 order.
Connecticut Administrative Code › Title 31 - Labor › 354 - Second Injury Fund › Section 31-354-4 - Procedures under subparagraph (B) of subdivision (2) of subsection (a) of section 31-306 of the general statutes; COLA for dependents

Current through July 10, 2024
(a) For employers to qualify for
			 reimbursement from the Fund for COLAS added to widow and dependents benefits,
			 the injury shall be prior to October 1, 1977. Notice to the Fund shall include
			 the date of injury or death, and a voluntary agreement or a finding and
			 award.
(b) If the date of injury is
			 on or after October 1, 1977, the employer remains liable for the Cost of Living
			 Adjustments, and is not entitled to reimbursement from the Fund.
Connecticut Administrative Code › Title 31 - Labor › 354 - Second Injury Fund › Section 31-354-5 - Procedures under subsection (b) of section 31-307a of the general statutes; COLA for employees

Current through July 10, 2024
After the notice the Second Injury Fund reimburses insurance
				carriers and employers for COLAS paid to claimants who are totally disabled
				from an injury which occurred prior to October 1, 1969.
Connecticut Administrative Code › Title 31 - Labor › 354 - Second Injury Fund › Section 31-354-6 - Benefits under section 31-308a of the general statutes

Current through July 10, 2024
The Fund shall require a written order by the commissioner
				before it may make payments of benefits pursuant to Sec
				31-308a
				of the General Statutes. The claimant is only entitled to these benefits up to
				the base compensation rate established at the time of the
				injury.
Connecticut Administrative Code › Title 31 - Labor › 354 - Second Injury Fund › Section 31-354-7 - Procedures under section 31-310 of the general statutes

Current through July 10, 2024
(a)
Concurrent Employment
An employee may be eligible for concurrent employment benefits
				if that employee falls within the definition of an employee as defined in
				subparagraphs (A) and (B) of subdivision (9) of section
				31-275 of
				the General Statutes. An employer may be a concurrent employer for purposes of
				this section if that employer falls within the definition of an employer as
				defined in subparagraphs (A), (B), (C), and (D) of subdivision (10) of section
				31-275 of
				the General Statutes.
(b)
Eligibility
A claimant is eligible for concurrent employment benefits if
				the claimant has two (2) or more jobs at the time of his compensable injury.
				The Fund shall reimburse an employer for that part of the compensation rate
				represented by the earnings from places of employment other than where the
				employee sustained the injury.
(c)
Carrier Reimbursement
The carrier shall pay the full compensation rate and then seek
				reimbursement from the Fund. The reimbursement does not include medical
				bills.
(d)
Notice
(1) Notice to the Fund for
			 reimbursement shall contain the following documentation:
(A) The worker's compensation
			 district;
(B) The voluntary
			 agreement approved and signed by a commissioner or finding and award;
(C) Form 44-68 approved and signed by a
			 commissioner;
(D) Statement of
			 earnings; including copies of documents showing claimant's earnings with all
			 employers during the §
										31-310
			 time period.
(E) Copies of
			 claimant's benefits checks; or an accounting from the employer or insurance
			 carrier.
(F) Medical
			 reports;
(G) Claimant's status:
			 permanent total, temporary total, permanent partial, temporary
			 partial;
(H) Number of weeks of
			 disability paid for each disability status; and
(I) Amount requested for
			 reimbursement.
Connecticut Administrative Code › Title 31 - Labor › 354 - Second Injury Fund › Section 31-354-8 - Procedures under section 31-325 of the general statutes

Current through July 10, 2024
(a)
Acknowledgement of Physical
			 Condition
A worker with a prior work injury or physical impairment may
				execute an acknowledgement of his physical defect which shall be approved by
				the compensation commissioner in the appropriate district. The language shall
				be very specific as to the condition acknowledged.
(b)
Transfer of Liability
(1) In the event of an injury, a proper
			 acknowledgement allows the employer to transfer the liability of the
			 compensable injury to the Fund from the first day of the disability.
(2) Employees executing an acknowledgement
			 shall not be prejudiced in the event of an injury; employers shall provide the
			 requisite benefits until there is an agreement with the Fund.
Connecticut Administrative Code › Title 31 - Labor › 354 - Second Injury Fund › Section 31-354-9 - Procedures under section 31-349 of the general statutes

Current through July 10, 2024
(a)
Compensation for Second
			 Liability
(1) If an employee with a
			 permanent physical impairment incurs a second compensable injury either by
			 accident or by disease, and both conditions result in a permanent disability
			 which is materially and substantially greater than the disability which would
			 have resulted from the second injury alone, he shall receive compensation for
			 the entire amount of disability.
(2) As a condition precedent to the liability
			 of the Second Injury Fund, the employer or his insurance carrier shall, after
			 the expiration of 52 weeks of disability and ninety days prior to the
			 expiration of the 104 week period of disability notify the custodian of the
			 Second Injury Fund of this pending case.
(3) With timely notice, i.e. notice to the
			 custodian of the Second Injury Fund of the pending case 90 days prior to the
			 expiration of the 104 week period of disability, an employer or compensation
			 carrier may transfer its liability to the Second Injury Fund.
Connecticut Administrative Code › Title 31 - Labor › 354 - Second Injury Fund › Section 31-354-10 - Voluntary agreements and stipulations under section 31-353 of the general statutes

Current through July 10, 2024
(a) If the
			 treasurer and an injured employee, or his legal representative reach a
			 voluntary agreement in regard to compensation payable under section
			 31-349
			 of the General Statutes such agreement shall be submitted in writing to the
			 commissioner for his approval and, upon approval, shall remain in effect until
			 otherwise ordered by the commissioner.
(b) The treasurer may make final payment by
			 stipulation in any matter concerning the fund, subject to the approval of the
			 commissioner, whenever it is for the best interests of the injured
			 employee.
Connecticut Administrative Code › Title 31 - Labor › 354 - Second Injury Fund › Section 31-354-11 - Civil action for reimbursement to the fund under section 31-355 of the general statutes

Current through July 10, 2024
When a finding and award of compensation has been made against
				an uninsured employer who fails to pay it, that compensation shall be paid from
				the Second Injury Fund, and if the disability continues and there are further
				claims, another formal hearing with a commissioner's written order or award is
				required as a condition precedent before the Fund may make any future
				payments.
Connecticut Administrative Code › Title 31 - Labor › 354 - Second Injury Fund › Section 31-354-12 - Payment to claimant under section 31-355 of the general statutes

Current through July 10, 2024
Payment of compensation shall be paid from the Fund
				provided:
(a) A formal hearing is held
			 and the Second Injury Fund, the Attorney General's Office, and Workers'
			 Compensation Department, were noticed to attend.
(b) A finding and award is granted against
			 the employer after notice to the employer.
(c) Ten days have passed from the date of
			 notice of the award to the employer and the claimant has not received payment
			 and the employer has not instituted an appeal.
(d) The claimant requests and is granted a
			 supplemental order of payment against the Fund.
Connecticut Administrative Code › Title 31 - Labor › 354 - Second Injury Fund › Section 31-354-13 - Employer liability under section 31-355 of the general statutes

Current through July 10, 2024
(a) The employer shall be liable for all such
			 payments made out of the Fund together with all attorney's fees; the employer's
			 assets shall be attached until the Fund is reimbursed.
(b) A proper and sufficient plan for payment
			 to the Fund may be in full, quarterly or monthly payments; payments other than
			 in full shall require a promissory note reciting the amount, terms and
			 conditions of payment.
(c) If
			 neither reimbursement nor a payment plan has been implemented within 90 days of
			 any such payment from the Fund, the attorney general may bring a civil action
			 to recover all amounts paid by the Fund pursuant to such award, plus double
			 damages, reasonable attorney's fees and costs. Any amount paid by the employer
			 after the filing of said action, but prior to its completion, shall be subject
			 to an interest charge of 18% per annum, calculated from the date of original
			 payment from the Fund.
Connecticut Administrative Code › Title 31 - Labor › 354 - Second Injury Fund › Section 31-354-14 - Collection of monies owed fund under section 31-355 of the general statutes

Current through July 10, 2024
Whenever the Second Injury Fund is required pursuant to section
				31-355
				of the General Statutes or subsection (f) of section
				31-349
				of the General Statutes to pay benefits or compensation mandated by the
				provisions of the Workers' Compensation Act Chapter 568, for any employer or
				insurer who fails or is unable to make such payments, the amount so paid by the
				Fund shall be collected by any means provided by law for the collection of any
				tax due the state of Connecticut including any means provided by section
				12-35
				of the General Statutes.
Connecticut Administrative Code › Title 31 - Labor › 354 - Second Injury Fund › Section 31-354-15 - Certificate of lien under section 31-355a of the general statutes

Current through July 10, 2024
Any such amount owed to the Second Injury Fund pursuant to
				section
				31-355
				of the General Statutes or subsection (c) of section
				31-349
				of the General Statutes shall be a lien from the due date until discharged by
				payment against all property of the employer or insurer within the state
				including debts owed to the employer or insurer, except property exempt from
				execution.
(a)
Filing
A certificate of lien without specifically describing such
				personal or real property, signed by the state treasurer, may be filed in the
				office of the clerk in any town in which such real property is situated; or in
				the case of personal property may be filed in the office of the secretary of
				state. Such lien shall be effective from the date on which it is
				recorded.
(b)
Concealed Property, Debtor
When the property to be liened is concealed in the hands of the
				agent or trustee of the employer, or is a debt due to the employer, the
				certificate of lien may be filed by leaving a copy thereof, by registered or
				certified mail with such agent, trustee or debtor. From the time of receipt of
				such lien, all property of the employer or insurer in the hands of such agent
				or trustee, and any debt due from such debtor shall be secured to pay the
				amount of such lien. The state treasurer may require such agent, trustee or
				debtor to disclose under oath within 10 days whether he had the property of the
				employer or insurer, or is indebted to him. If such agent, trustee or debtor
				fails to disclose, or having disclosed fails to turn over the property or pay
				to the state treasurer the amount of indebtedness the state treasurer may
				proceed against him by scire facias against garnishee. The payment by such
				agent, trustee or debtor to the state treasurer shall discharge him of his
				liability to the employer or insurer to the extent thereof.
(c)
Foreclosure of Lien
Any action for the foreclosure of such lien shall be brought by
				the attorney general in the name of the state in the Superior Court for the
				Judicial District in which the subject property is situated.
(d)
Discharge of Lien
When any such amount with respect to which a lien has been
				recorded under the provisions of section
				31-355a
				of the General Statutes has been satisfied, the state treasurer upon the
				request of any interested party, shall issue a certificate discharging such
				lien.
Connecticut Administrative Code › Title 31 - Labor › 371 - OCCUPATIONAL SAFETY AND HEALTH › Inspections, Citations and Proposed Penalties › Section 31-371-1 - Purpose and scope

Current through July 10, 2024
The Connecticut Occupational Safety and Health Act of 1973
				  (Public Act No. 73-379) requires that every employer covered under the Act
				  furnish to his employees employment and a place of employment which are free
				  from recognized hazards that are causing or are likely to cause death or
				  serious physical harm to his employees. The Act also requires that employers
				  comply with occupational safety and health standards promulgated under the Act,
				  and that employees comply with standards, rules, regulations and orders issued
				  under the Act which are applicable to their own actions and conduct. The Act
				  authorizes the Department of Labor to conduct inspections, and to issue
				  citations and proposed penalties for alleged violations. The Act under section
				  31-383
				  authorizes the Commissioner of the Labor Department to conduct inspections and
				  to question employers and employees in connection with research and other
				  related activities. The Act contains provisions for adjudication of violations,
				  periods prescribed for the abatement of violations, and proposed penalties by
				  the Occupational Safety and Health Review Commission, if contested by an
				  employer or by an employee or authorized representative of employees, and for
				  judicial review. The purpose of this part is to prescribe rules and to set
				  forth general policies for enforcement of the inspection, citation, and
				  proposed penalty provisions of the Act. In situations where this part sets
				  forth general enforcement policies rather than substantive or procedural rules,
				  such policies may be modified in specific circumstances where the Commissioner
				  or his designee determines that an alternative course of action would better
				  serve the objectives of the Act.