Table of Contents
Sec. 31-275. Definitions.
Secs. 31-275a and 31-275b. District defined; continuation of commissioners in office.
Workers' compensation districts.
Sec. 31-275c. Officers of fraternal organizations.
Sec. 31-276. Workers' Compensation Commission. Compensation commissioners. Nomination by
Governor. Appointment by General Assembly. Terms of office. Removal. Selection of
chairman.
Sec. 31-276a. Commissioners and commission to be within Labor Department for administrative purposes only.
Sec. 31-277. Salary of compensation commissioners. Longevity payments.
Sec. 31-278. Powers and duties of commissioners.
Sec. 31-279. Notice of availability of compensation. Uniform system for determination of
degree of physical impairment. Employer-sponsored plan for medical care and treatment. Indemnification of medical advisory panel members.
Sec. 31-279a. Booklet to be distributed explaining act.
Sec. 31-279b. Notice of availability of coverage under act. Content. Posting.
Sec. 31-280. Chairman of the Workers' Compensation Commission. Powers and duties. Budget.
Report of expenses.
Sec. 31-280a. Advisory Board of the Workers' Compensation Commission.
Sec. 31-280b. Compensation Review Board.
Sec. 31-281. Designation of commissioner to act in another district.
Sec. 31-282. Successor may complete acts when commissioner dies.
Sec. 31-283. Annual pension upon retirement of commissioner.
Sec. 31-283a. Rehabilitation programs for employees suffering compensable injuries.
Secs. 31-283b and 31-283c. Financing of division and programs. Agreements with other
state or federal agencies.
Sec. 31-283d. Adjustment of salary of certain retired commissioners.
Sec. 31-283e. Election of retirement benefits.
Sec. 31-283f. Statistical Division.
Sec. 31-283g. Education services for employees concerning the prevention of occupational
diseases and injuries.
Sec. 31-283h. Financing of Division of Worker Education.
Sec. 31-284. Basic rights and liabilities. Civil action to enjoin noncomplying employer
from entering into employment contracts. Notice of availability of compensation.
Sec. 31-284a. State contracting with private insurance carrier. Duties and powers of Commissioner of Administrative Services.
Sec. 31-284b. Employer to continue insurance coverage or welfare plan payments for employees eligible to receive workers' compensation. Use of Second Injury Fund.
Sec. 31-284c. Complaints of violations. Hearing. Findings and award. Appeal.
Sec. 31-285. Substitute systems of compensation.
Sec. 31-286. Certificate of employer's compliance.
Sec. 31-286a. Insurance requirements for contractors on public works projects and renewals of state business licenses.
Sec. 31-286b. Proof of workers' compensation coverage prior to issuance of building permit, condition.
Sec. 31-287. Provisions required in liability insurance policies.
Sec. 31-288. Additional liability. Penalty for undue delay, noncompliance with insurance
requirements and for defrauding workers' compensation insurance carrier. Notice of penalty
to Attorney General and State Treasurer. Payment. Civil action for nonpayment.
Sec. 31-289. Disposition of fines and penalties.
Sec. 31-289a. Civil action to recover civil penalties. Privileged assignment for trial.
Sec. 31-289b. Civil action to enjoin noncomplying employer from conducting business in
the state.
Sec. 31-290. Obligations not to be evaded.
Sec. 31-290a. Discharge or discrimination prohibited. Right of action.
Sec. 31-290b. Penalty for false statement.
Sec. 31-290c. Fraudulent claim or receipt of benefits. Penalties.
Sec. 31-290d. Workers' compensation fraud unit.
Sec. 31-291. Principal employer, contractor and subcontractor.
Sec. 31-291a. Method of computing workers' compensation premiums for construction contractors.
Sec. 31-292. Liability of employer for worker lent to or employed by another.
Sec. 31-293a. No right against fellow employee; exception.
Sec. 31-294. Notice of injury and of claim for compensation.
Sec. 31-294a. Eligibility for podiatric care.
Sec. 31-294b. Report of injury to employer.
Sec. 31-294c. Notice of claim for compensation. Notice contesting liability.
Sec. 31-294d. Medical and surgical aid; hospital and nursing service.
Sec. 31-294e. Employee's option to obtain medical care at employee's expense. Refusal of
employee to accept or obtain reasonable medical care.
Sec. 31-294f. Medical examination of injured employee. Medical reports.
Sec. 31-294g. State employee notice of claim for compensation.
Sec. 31-295. Waiting period. When compensation begins. Penalty for late payment of permanent partial disability benefits.
Sec. 31-296. Voluntary agreements.
Sec. 31-296a. Discontinuance or reduction of payments under oral agreements.
Sec. 31-297. Hearing of claims.
Sec. 31-297a. Informal hearings.
Sec. 31-298. Conduct of hearings.
Sec. 31-298a. Use of medical panel. Duties of commissioner and panel. Appeal. Regulations.
Sec. 31-299. Prior statements of parties as evidence at hearings before commissioners.
Sec. 31-299a. Payments under group medical policy not defense to claim for benefits.
Health insurer's duty to pay. Lien.
Sec. 31-299b. Initial liability of last employer. Reimbursement.
Sec. 31-300. Award as judgment. Interest. Attorney's fee. Procedure on discontinuance or
reduction.
Sec. 31-301. Appeals to the Compensation Review Board. Payment of award during pendency
of appeal.
Sec. 31-301a. Decision of Compensation Review Board.
Sec. 31-301b. Appeal of decision of Compensation Review Board.
Sec. 31-301c. Costs of appeal. Interest added to award affirmed on appeal.
Sec. 31-301d. Power of Compensation Review Board re witnesses and production of evidence.
Enforcement of order.
Sec. 31-302. Payment of compensation. Commutation into monthly, quarterly or lump sums.
Sec. 31-303. Day when compensation payments become due. Penalty for late payments.
Sec. 31-304. Destruction of agreement.
Sec. 31-305. Medical examinations.
Sec. 31-306. Death resulting from accident or occupational disease. Dependents. Compensation.
Sec. 31-306a. Payments due children committed to the Commissioner of Social Services or
the Commissioner of Children and Families.
Sec. 31-306b. Written notice of potential eligibility for death benefits.
Sec. 31-307. Compensation for total incapacity.
Sec. 31-307a. Cost-of-living adjustment in compensation rates.
Sec. 31-307b. Benefits after relapse from recovery. Recurrent injuries.
Sec. 31-307c. Compensation under agreements or awards effected prior to October 1, 1953.
Sec. 31-308. Compensation for partial incapacity.
Sec. 31-308a. Additional benefits for partial permanent disability.
Sec. 31-308b. Dependency allowance.
Sec. 31-309. Maximum weekly compensation. Determination of average weekly earnings of
state workers and production and related workers in manufacturing.
Sec. 31-310. Determination of average weekly wage of injured worker. Concurrent employment. Payments from Second Injury Fund. Publication of wage tables.
Sec. 31-310a. Average weekly wage of supernumerary policemen and volunteer police officers.
Sec. 31-310b. Average weekly wage of General Assembly member.
Sec. 31-310c. Average weekly wage of worker with an occupational disease.
Sec. 31-311. Replacement of artificial aids.
Sec. 31-312. Compensation for time lost during and expense of medical treatment. Reimbursement of wages lost due to appearance at informal hearing. Payments to prevailing
claimants in contested cases. Medical attention outside regular work hours.
Sec. 31-313. Transfer to suitable work during period of treatment or rehabilitation or
because of physical incapacity. Civil penalty for failure of employer to comply.
Sec. 31-314. Allowance for advance payments.
Sec. 31-315. Modification of award or voluntary agreement.
Sec. 31-316. Employer to record and report employees' injuries and report insurance coverage or welfare plan payments provided to employees. Increased award due to employer's
failure to file.
Sec. 31-317. Claims against the state.
Sec. 31-318. Action for minors and incompetents.
Sec. 31-319. Fees to be approved.
Sec. 31-320. Exemption and preference of compensation.
Sec. 31-321. Manner of serving notices.
Sec. 31-322. Injuries received in interstate commerce.
Sec. 31-323. Attachments to secure payment of compensation.
Sec. 31-324. Reservation of cases for the Appellate Court.
Sec. 31-325. Acknowledgment by employees having certain physical conditions.
Sec. 31-326. Proceedings against delinquent insurance companies or employers.
Sec. 31-327. Award of fees and expenses.
Sec. 31-328. Mutual associations authorized.
Sec. 31-329. Approval by Insurance Commissioner.
Sec. 31-330. Membership.
Sec. 31-331. Control of associations.
Sec. 31-332. Policies. Number of members required.
Sec. 31-333. Officers and voting.
Sec. 31-334. Safety rules.
Sec. 31-335. Premium rates. Reserve notes.
Sec. 31-336. Assessments.
Sec. 31-337. Investments.
Sec. 31-338. Bylaws and regulations.
Sec. 31-339. Appeals to Superior Court.
Sec. 31-340. Insurer directly liable to employee or dependent.
Sec. 31-341. Notice to insurer.
Sec. 31-342. Award; enforcement.
Sec. 31-343. Certain defenses not available against employee or dependent.
Sec. 31-344. When representations avoid policy.
Sec. 31-344a. Workers' Compensation Administration Fund established.
Sec. 31-345. Insurance Commissioner to approve form of policy. Assessments against employers for administrative costs. Surpluses.
Sec. 31-345a. Deductibles in workers' compensation coverage. Approval of Insurance Commissioner.
Sec. 31-346. Damages for material misstatements.
Sec. 31-347. Experience in compensation insurance.
Sec. 31-348. Compensation insurance companies to report their risks.
Sec. 31-348a. Compensation insurers to reduce premiums.
Sec. 31-349. Compensation for second disability. Payment of insurance coverage. Second
Injury Fund closed July 1, 1995, to new claims. Procedure.
Sec. 31-349a. Powers of investigators in the office of the State Treasurer.
Sec. 31-349b. Certificate for permanent vocational disability. Employer reimbursed by
Second Injury Fund for insurance premiums for certified employees.
Sec. 31-349c. Controverted issues of previous disability. Physician panel established.
Sec. 31-349d. Treasurer to solicit proposals for the managing of Second Injury Fund
claims.
Sec. 31-349e. Advisory board for the Second Injury Fund.
Sec. 31-349f. Condition of the Second Injury Fund. Report to the Governor and General Assembly.
Sec. 31-349g. Method of assessing all employers for the liabilities of the Second Injury
Fund. Regulations.
Sec. 31-349h. Transfer of claims. Claims not transferred.
Sec. 31-349i. Cost-saving methodologies.
Secs. 31-350 and 31-351. Notice to commissioner of second injury. Hearings; awards.
Sec. 31-352. Enforcement of liability of third person.
Sec. 31-353. Voluntary agreements; approval.
Sec. 31-354a. Assistant administrators of the Second Injury Fund.
Sec. 31-354b. Finance account within Second Injury Fund. Subaccounts. Duties of State
Treasurer.
Sec. 31-355. Hearings; awards. Payments from Second Injury Fund on employer's failure to
comply with award. Civil action for reimbursement. Insolvent insurer.
Sec. 31-355a. Collection of moneys owed to the Second Injury Fund. Tax warrants. Lien.
Foreclosure.
WORKERS' COMPENSATION COMMISSION.
COMPENSATION COMMISSIONERS.
EMPLOYERS' LIABILITY
I
WORKERS' COMPENSATION COMMISSION.
COMPENSATION COMMISSIONERS
Sec. 31-275. Definitions. As used in this chapter, unless the context otherwise
provides: Secs. 31-275a and 31-275b. District defined; continuation of commissioners in
office. Workers' compensation districts. Sections 31-275a and 31-275b are repealed. Sec. 31-275c. Officers of fraternal organizations. The officer of a fraternal corporation who receives a salary of less than one hundred dollars per year shall not be
considered an employee under section 31-275. Sec. 31-276. Workers' Compensation Commission. Compensation commissioners. Nomination by Governor. Appointment by General Assembly. Terms of
office. Removal. Selection of chairman. (a) There shall be a Workers' Compensation
Commission to administer the workers' compensation system. There shall be sixteen
workers' compensation commissioners. On or before the date of the expiration of the
term of each commissioner or upon the occurrence of a vacancy in the office of any
commissioner for any reason, the Governor shall nominate a competent person to fill
that office. Subsequent to July 1, 1993, each person nominated by the Governor to serve
as a commissioner shall have been a member in good standing of the Connecticut bar
for at least five years preceding the nomination, provided the Governor shall not be
precluded from renominating an individual who has previously served as a commissioner. The commissioners shall, upon nomination by the Governor, be appointed by
the General Assembly as prescribed by law. They shall serve for a term of five years,
but may be removed by impeachment. The Governor shall from time to time select
one of the sixteen commissioners to serve as chairman of the Workers' Compensation
Commission at the pleasure of the Governor. The commissioner selected by the Governor to be chairman shall have previously served as a compensation commissioner in
this state for at least one year. Sec. 31-276a. Commissioners and commission to be within Labor Department
for administrative purposes only. The workers' compensation commissioners and
the Workers' Compensation Commission are transferred to the Labor Department for
administrative purposes only. Sec. 31-277. Salary of compensation commissioners. Longevity payments. (a)
Each commissioner shall, during his first year of service as a commissioner, receive an
annual salary of six thousand dollars less than the highest step level of a Superior Court
judge; during his second year of service as a commissioner, each commissioner shall
receive an annual salary of five thousand dollars less than the highest step level of a
Superior Court judge; during his third year of service as a commissioner, he shall receive
an annual salary of four thousand dollars less than the highest step level of a Superior
Court judge; during his fourth year of service as a commissioner, he shall receive an
annual salary of three thousand dollars less than the highest step level of a Superior
Court judge; during his fifth year of service as a commissioner, he shall receive an annual
salary of two thousand dollars less than the highest step level of a Superior Court judge;
and during his sixth year of service as a commissioner, he shall receive an annual salary
of one thousand dollars less than the highest step level of a Superior Court judge, together
with his necessary clerical, office and travel expenses as approved by the Comptroller;
and the chairman of the Workers' Compensation Commission shall receive in addition
ten thousand dollars annually. Each commissioner shall devote his entire time to the
duties of his office and shall not be otherwise gainfully employed. Sec. 31-278. Powers and duties of commissioners. Each commissioner shall, for
the purposes of this chapter, have power to summon and examine under oath such witnesses, and may direct the production of, and examine or cause to be produced or examined, such books, records, vouchers, memoranda, documents, letters, contracts or other
papers in relation to any matter at issue as he may find proper, and shall have the same
powers in reference thereto as are vested in magistrates taking depositions and shall
have the power to order depositions pursuant to section 52-148. He shall have power
to certify to official acts and shall have all powers necessary to enable him to perform
the duties imposed upon him by the provisions of this chapter. Each commissioner
shall hear all claims and questions arising under this chapter in the district to which the
commissioner is assigned and all such claims shall be filed in the district in which the
claim arises, provided, if it is uncertain in which district a claim arises, or if a claim
arises out of several injuries or occupational diseases which occurred in one or more
districts, the commissioner to whom the first request for hearing is made shall hear and
determine such claim to the same extent as if it arose solely within his own district. If
a commissioner is disqualified or temporarily incapacitated from hearing any matter,
or if the parties shall so request and the chairman of the Workers' Compensation Commission finds that it will facilitate a speedier disposition of the claim, he shall designate
some other commissioner to hear and decide such matter. The Superior Court, on application of a commissioner or the chairman or the Attorney General, may enforce, by
appropriate decree or process, any provision of this chapter or any proper order of a
commissioner or the chairman rendered pursuant to any such provision. Any compensation commissioner, after ceasing to hold office as such compensation commissioner,
may settle and dispose of all matters relating to appealed cases, including correcting
findings and certifying records, as well as any other unfinished matters pertaining to
causes theretofore tried by him, to the same extent as if he were still such compensation
commissioner. Sec. 31-279. Notice of availability of compensation. Uniform system for determination of degree of physical impairment. Employer-sponsored plan for medical
care and treatment. Indemnification of medical advisory panel members. (a) The
chairman of the Workers' Compensation Commission shall adopt regulations, in accordance with the provisions of chapter 54, specifying the minimum information to be contained in a notice of the availability of compensation which shall be posted in the workplace by each employer subject to the provisions of this chapter pursuant to subsection
(f) of section 31-284. Sec. 31-279a. Booklet to be distributed explaining act. The chairman of the
Workers' Compensation Commission shall prepare, publish and distribute an illustrated
booklet explaining, in informal and readily understandable language, employee benefits
and responsibilities under the Workers' Compensation Act. The chairman shall prepare,
publish and distribute revisions to such booklet whenever changes in the workers' compensation law necessitate such revision. Sec. 31-279b. Notice of availability of coverage under act. Content. Posting.
Section 31-279b is repealed. Sec. 31-280. Chairman of the Workers' Compensation Commission. Powers
and duties. Budget. Report of expenses. (a) There shall continue to be a chairman of
the Workers' Compensation Commission selected by the Governor as provided in section 31-276. The chairman may not hear any matter arising under this chapter, except
appeals brought before the Compensation Review Board and except as provided in
subdivision (14) of subsection (b) of this section. The chairman shall prepare the forms
used by the commission, shall have custody of the insurance coverage cards, shall prepare and keep a list of self-insurers, shall prepare the annual report to the Governor and
shall publish, when necessary, bulletins showing the changes in the compensation law,
with annotations to the Connecticut cases. The chairman shall be provided with sufficient
staff to assist him in the performance of his duties. The chairman may, within available
appropriations, appoint acting compensation commissioners on a per diem basis from
among former workers' compensation commissioners or qualified members of the bar
of this state. Any acting compensation commissioner appointed under this subsection
shall be paid on a per diem basis in an amount to be determined by the Commissioner
of Administrative Services, subject to the provisions of section 4-40, and shall have all
the powers and duties of compensation commissioners. The Workers' Compensation
Commission shall not be construed to be a commission or board subject to the provisions
of section 4-9a. Sec. 31-280a. Advisory Board of the Workers' Compensation Commission.
(a) There shall be an Advisory Board of the Workers' Compensation Commission to
advise the chairman on matters concerning policy for and the operation of the commission. The advisory board shall consist of eight members, who shall be appointed by the
Governor, with the advice and consent of the General Assembly. Four of such members
shall represent employees and four shall represent employers. One of such members
representing employees shall be an individual who has suffered an extensive disability
arising out of and in the course of his employment. One of such members representing
employers shall be a representative of a major general hospital in the state. On or before
January 1, 1992, the Governor shall appoint, and the General Assembly shall confirm,
such members of the advisory board as follows: Two shall serve a term of four years
from said date, one of whom shall represent employees and one of whom shall represent
employers; two shall serve a term of three years from said date, one of whom shall
represent employees and one of whom shall represent employers; two shall serve a term
of two years from said date, one of whom shall represent employees and one of whom
shall represent employers; and two shall serve a term of one year from said date, one of
whom shall represent employees and one of whom shall represent employers. Thereafter
such members shall be appointed for a term of four years from January first in the year
of their appointment. Any vacancy on the advisory board shall be filled for the remainder
of the term in the same manner as the original appointment. The chairman of the Workers' Compensation Commission shall serve as an ex-officio member of the advisory
board without the power to vote. Sec. 31-280b. Compensation Review Board. (a) There shall be a Compensation
Review Board within the Workers' Compensation Commission. The chairman of the
Workers' Compensation Commission shall serve as chief of the Compensation Review
Board and shall have responsibility for the operation of the board. On or before January
1, 1992, the chairman shall appoint a chief clerk of the Compensation Review Board
under the provisions of chapter 67 who shall be responsible to the chairman for the
efficient operation of the board. Sec. 31-281. Designation of commissioner to act in another district. Section 31-
281 is repealed. Sec. 31-282. Successor may complete acts when commissioner dies. If any compensation commissioner dies before the final settlement of any matter in which he had
been acting in his official capacity, his successor in office may continue such matter to
its completion. Sec. 31-283. Annual pension upon retirement of commissioner. Any compensation commissioner, in the state service as such commissioner twenty or more years
in the aggregate, who leaves such service because of failure of reappointment, or because
of abolition of his position, shall, during the remainder of his life, receive an annual
pension payable from the General Fund equal to fifty per cent of his average annual
salary for the five years next preceding his retirement. The compensation commissioners
may continue to contribute to the State Employees Retirement Fund and shall be entitled
to general retirement rights under chapter 66. The acceptance of the pension herein
provided for shall be in lieu of all benefits under the State Employees Retirement Act,
and any commissioner accepting a pension under this section shall not be entitled to the
return of any payments made by him to the State Employees Retirement Fund. Sec. 31-283a. Rehabilitation programs for employees suffering compensable
injuries. (a) The Workers' Compensation Commission shall provide rehabilitation programs for employees suffering compensable injuries within the provisions of this chapter, which injuries disabled them from performing their customary or most recent work.
The chairman shall establish rehabilitation programs which shall best suit the needs
of injured employees and shall make the programs available in convenient locations
throughout the state. After consultation with the Labor Commissioner, the chairman
may establish fees for the programs, so as to provide the most effective rehabilitation
programs at a minimum rate. In order to carry out the provisions of this section, the
chairman of the Workers' Compensation Commission shall adopt regulations, in accordance with the provisions of chapter 54 and, subject to the provisions of chapter 67,
provide for the employment of necessary assistants. Secs. 31-283b and 31-283c. Financing of division and programs. Agreements
with other state or federal agencies. Sections 31-283b and 31-283c are repealed. Sec. 31-283d. Adjustment of salary of certain retired commissioners. On July
1, 1971, the retirement salary of each person retired prior to July 1, 1965, under the
provisions of section 31-283 or any predecessor statute shall be increased in the amount
of that percentage of the monthly retirement salary being paid to him on June 30, 1967,
which was provided under section 5-162b for members of the state employees retirement
system who retired in the same year as such person. On July 1, 1972, and annually
thereafter, the retirement salary of each such person shall be adjusted to reflect increases
or decreases in the Consumer Price Index in the same manner and to the same extent
that the retirement salary of persons retired under chapter 66 is adjusted under section
5-162c. Sec. 31-283e. Election of retirement benefits. Any compensation commissioner
holding such office on July 1, 1971, may elect to be included within the provisions of
sections 51-49, 51-50, 51-50a and 51-50b or to continue to be subject to the provisions
of section 31-283. Sec. 31-283f. Statistical Division. (a) A Statistical Division shall be established
within the Workers' Compensation Commission. The division shall compile and maintain statistics concerning occupational injuries and diseases, voluntary agreements, status of claims and commissioners' dockets. The division shall be administered by a full-
time salaried director who shall be appointed by the chairman of the Workers' Compensation Commission under the provisions of chapter 67. The director shall report to the
chairman. Sec. 31-283g. Education services for employees concerning the prevention of
occupational diseases and injuries. The Workers' Compensation Commission shall
provide, in convenient locations throughout the state, education services to employees
concerning the prevention of occupational diseases and injuries, training for nonmanagement employees in workers' compensation procedures and substantive rights, information to employers concerning known and suspected workplace hazards and training
and information for medical professionals in workers' compensation procedures, standards and requirements. The chairman shall be provided with sufficient staff to assist
him in the performance of his duties. The chairman of the Workers' Compensation
Commission may adopt regulations, in accordance with the provisions of chapter 54,
to implement the provisions of this section. Sec. 31-283h. Financing of Division of Worker Education. Section 31-283h is
repealed. Sec. 31-284. Basic rights and liabilities. Civil action to enjoin noncomplying
employer from entering into employment contracts. Notice of availability of compensation. (a) An employer who complies with the requirements of subsection (b) of
this section shall not be liable for any action for damages on account of personal injury
sustained by an employee arising out of and in the course of his employment or on
account of death resulting from personal injury so sustained, but an employer shall
secure compensation for his employees as provided under this chapter, except that compensation shall not be paid when the personal injury has been caused by the wilful and
serious misconduct of the injured employee or by his intoxication. All rights and claims
between an employer who complies with the requirements of subsection (b) of this
section and employees, or any representatives or dependents of such employees, arising
out of personal injury or death sustained in the course of employment are abolished
other than rights and claims given by this chapter, provided nothing in this section
shall prohibit any employee from securing, by agreement with his employer, additional
compensation from his employer for the injury or from enforcing any agreement for
additional compensation. Sec. 31-284a. State contracting with private insurance carrier. Duties and
powers of Commissioner of Administrative Services. (a) Notwithstanding the provisions of sections 4a-19 and 4a-20 to the contrary, the Commissioner of Administrative
Services shall solicit proposals from any management firm engaged in the business of
administering workers' compensation claims, or from any authorized mutual insurance
company or stock company or subsidiary thereof writing workers' compensation or
employer's liability insurance in this state, for the purposes of administering the workers'
compensation claims filed against the state, or of insuring the state's full liability under
workers' compensation and administering such claims. Said commissioner may, at his
discretion, reject any or all of such proposals if they are deemed to be inadequate to
effectively serve the needs of the state concerning workers' compensation. Any funds
appropriated in section 1 of special act 81-22* for workers' compensation payments by
the state and administrative expenses for the state workers' compensation program shall
be available and may be transferred with the approval of the Governor to meet the
necessary expenses of contracting for such services. Sec. 31-284b. Employer to continue insurance coverage or welfare plan payments for employees eligible to receive workers' compensation. Use of Second Injury Fund. (a) In order to maintain, as nearly as possible, the income of employees who
suffer employment-related injuries, any employer who provides accident and health
insurance or life insurance coverage for any employee or makes payments or contributions at the regular hourly or weekly rate for full-time employees to an employee welfare
plan, shall provide to the employee equivalent insurance coverage or welfare plan payments or contributions while the employee is eligible to receive or is receiving compensation pursuant to this chapter, or while the employee is receiving wages under a provision for sick leave payments for time lost due to an employment-related injury. As used
in this section, "income" means all forms of remuneration to an individual from his
employment, including wages, accident and health insurance coverage, life insurance
coverage and employee welfare plan contributions and "employee welfare plan" means
any plan established or maintained for employees or their families or dependents, or for
both, for medical, surgical or hospital care benefits. Sec. 31-284c. Complaints of violations. Hearing. Findings and award. Appeal.
Any employee eligible to receive or receiving workers' compensation may file a complaint alleging violation of the provisions of section 31-284b with the workers' compensation commissioner. The commissioner shall hold a hearing in accordance with the
provisions of sections 31-297 and 31-298. After the hearing, the commissioner shall
send to each party a written copy of his findings and award in accordance with the
provisions of section 31-300. The provisions of section 31-300 concerning finality of
the award and an execution issued upon the award shall be applicable to an award made
pursuant to this section. Any appeal of an award of the commissioner under this section
shall be taken in accordance with the provisions of section 31-301. The commissioner,
in awarding benefits for temporary and permanent partial and total disability, shall require the provision of equivalent insurance coverage or contribution to an employee
welfare plan, as provided in section 31-284b, for the period of the injured employee's
eligibility to receive benefits under this chapter. Sec. 31-285. Substitute systems of compensation. With the approval of the state
Insurance Commissioner, any employer may enter into an agreement with his employees
to provide a system of compensation, benefit and insurance in lieu of the compensation
and insurance provided by this chapter. No such substitute system shall be approved
unless it confers benefits upon injured employees at least equivalent to the benefits
provided by this chapter, nor shall any such substitute system be approved which contains an obligation of employees to join in it as a condition of employment unless it
contains equitable provision for the withdrawal of employees from it and the distribution
of its assets. If any such system requires contributions from employees, it shall not be
approved unless it confers benefits in addition to those provided under this chapter at
least commensurate with such contributions. The Insurance Commissioner, having
given his approval of such substitute system, shall have over it all the jurisdiction given
him by sections 38a-14 and 38a-17 over insurance companies. He may withdraw his
approval upon reasonable notice to the employer and order a distribution of the assets,
subject to the right of any party in interest to take an appeal to the superior court for the
judicial district of Hartford. Sec. 31-286. Certificate of employer's compliance. Any employer who has complied with the provisions of section 31-285 by entering into an agreement with his employees to provide a system of compensation, benefit and insurance in lieu of the compensation and insurance provided by this chapter, which agreement has been approved
by the Insurance Commissioner, or any employer who has complied with the provisions
of section 31-284 by filing with the Insurance Commissioner security guaranteeing the
performance of his obligation under this chapter or by insuring his full liability or by a
combination of the two last-named methods approved by the Insurance Commissioner,
may file, in the office of the commissioner who may have jurisdiction in case of injury,
a certificate of the Insurance Commissioner stating that such substitute system has been
approved or that such security guaranteeing the performance of the obligations of this
chapter has been filed with and accepted by the Insurance Commissioner or that a combination of the methods stated in section 31-284 has been approved. Any employer who
has insured his full liability may file a certificate, in the manner prescribed in section
31-348, setting forth such fact and stating the date of expiration of such insurance,
which certificate shall thereupon become a part of the records of the office of such
compensation commissioner. Sec. 31-286a. Insurance requirements for contractors on public works projects and renewals of state business licenses. (a) Notwithstanding any provision of any
general statute, special act, charter or ordinance, neither the state, or its agents, nor any
political subdivision of the state, or its agents, may enter into any contract on or after
October 1, 1986, for the construction, remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project before receiving from each of the
other parties to such contract (1) sufficient evidence of compliance with the workers'
compensation insurance and self-insurance requirements of subsection (b) of section
31-284, and (2) a current statement from the State Treasurer that, to the best of his
knowledge and belief, as of the date of the statement, the particular party was not liable
to the state for any workers' compensation payments made pursuant to section 31-355. Sec. 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. Sec. 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. Sec. 31-288. Additional liability. Penalty for undue delay, noncompliance with
insurance requirements and for defrauding workers' compensation insurance carrier. Notice of penalty to Attorney General and State Treasurer. Payment. Civil
action for nonpayment. (a) If an employer wilfully fails to conform to any other provision of this chapter, he shall be fined not more than two hundred fifty dollars for each
such failure. Sec. 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. Sec. 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 a workers' compensation commissioner,
or within ninety days of the final disposition of an appeal, as the case may be, the
chairman 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 commissioner 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. Sec. 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. Sec. 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. Sec. 31-290a. Discharge or discrimination prohibited. Right of action. (a) No
employer who is subject to the provisions of this chapter shall discharge, or cause to be
discharged, or in any manner discriminate against any employee because the employee
has filed a claim for workers' compensation benefits or otherwise exercised the rights
afforded to him pursuant to the provisions of this chapter. Sec. 31-290b. Penalty for false statement. Section 31-290b is repealed. Sec. 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. Sec. 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 chairman 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. (Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 31-291. Principal employer, contractor and subcontractor. When any
principal employer procures any work to be done wholly or in part for him by a contractor, or through him by a subcontractor, and the work so procured to be done is a part or
process in the trade or business of such principal employer, and is performed in, on or
about premises under his control, such principal employer shall be liable to pay all
compensation under this chapter to the same extent as if the work were done without
the intervention of such contractor or subcontractor. The provisions of this section shall
not extend immunity to any principal employer from a civil action brought by an injured
employee or his dependent under the provisions of section 31-293 to recover damages
resulting from personal injury or wrongful death occurring on or after May 28, 1988,
unless such principal employer has paid compensation benefits under this chapter to
such injured employee or his dependent for the injury or death which is the subject of
the action. Sec. 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. Sec. 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. Sec. 31-293. Liability of third persons to employer and employee. Limitations
on liability of architects and engineers. Limitations on liability of insurers, self-
insurance service organizations and unions relating to safety matters. (a) When any
injury for which compensation is payable under the provisions of this chapter has been
sustained under circumstances creating in a person other than an employer who has
complied with the requirements of subsection (b) of section 31-284, a legal liability to
pay damages for the injury, the injured employee may claim compensation under the
provisions of this chapter, but the payment or award of compensation shall not affect
the claim or right of action of the injured employee against such person, but the injured
employee may proceed at law against such person to recover damages for the injury;
and any employer or the custodian of the Second Injury Fund, having paid, or having
become obligated to pay, compensation under the provisions of this chapter may bring
an action against such person to recover any amount that he has paid or has become
obligated to pay as compensation to the injured employee. If the employee, the employer
or the custodian of the Second Injury Fund brings an action against such person, he shall
immediately notify the others, in writing, by personal presentation or by registered or
certified mail, of the action and of the name of the court to which the writ is returnable,
and the others may join as parties plaintiff in the action within thirty days after such
notification, and, if the others fail to join as parties plaintiff, their right of action against
such person shall abate. In any case in which an employee brings an action against a
party other than an employer who failed to comply with the requirements of subsection
(b) of section 31-284, in accordance with the provisions of this section, and the employer
is a party defendant in the action, the employer may join as a party plaintiff in the action.
The bringing of any action against an employer shall not constitute notice to the employer
within the meaning of this section. If the employer and the employee join as parties
plaintiff in the action and any damages are recovered, the damages shall be so apportioned that the claim of the employer, as defined in this section, shall take precedence
over that of the injured employee in the proceeds of the recovery, after the deduction
of reasonable and necessary expenditures, including attorneys' fees, incurred by the
employee in effecting the recovery. The rendition of a judgment in favor of the employee
or the employer against the party shall not terminate the employer's obligation to make
further compensation which the commissioner thereafter deems payable to the injured
employee. If the damages, after deducting the employee's expenses as provided in this
subsection, are more than sufficient to reimburse the employer, damages shall be assessed in his favor in a sum sufficient to reimburse him for his claim, and the excess
shall be assessed in favor of the injured employee. No compromise with the person by
either the employer or the employee shall be binding upon or affect the rights of the other,
unless assented to by him. For the purposes of this section, the claim of the employer shall
consist of (1) the amount of any compensation which he has paid on account of the
injury which is the subject of the suit and (2) an amount equal to the present worth of
any probable future payments which he has by award become obligated to pay on account
of the injury. The word "compensation", as used in this section, shall be construed to
include incapacity payments to an injured employee, payments to the dependents of a
deceased employee, sums paid out for surgical, medical and hospital services to an
injured employee, the burial fee provided by subdivision (1) of subsection (a) of section
31-306, payments made under the provisions of sections 31-312 and 31-313, and payments made under the provisions of section 31-284b in the case of an action brought
under this section by the employer or an action brought under this section by the employee in which the employee has alleged and been awarded such payments as damages.
Each employee who brings an action against a party in accordance with the provisions
of this subsection shall include in his complaint (A) the amount of any compensation
paid by the employer or the Second Injury Fund on account of the injury which is the
subject of the suit and (B) the amount equal to the present worth of any probable future
payments which the employer or the Second Injury Fund has, by award, become obligated to pay on account of the injury. Notwithstanding the provisions of this subsection,
when any injury for which compensation is payable under the provisions of this chapter
has been sustained under circumstances creating in a person other than an employer
who has complied with the requirements of subsection (b) of section 31-284, a legal
liability to pay damages for the injury and the injured employee has received compensation for the injury from such employer, its workers' compensation insurance carrier or
the Second Injury Fund pursuant to the provisions of this chapter, the employer, insurance carrier or Second Injury Fund shall have a lien upon any judgment received by the
employee against the party or any settlement received by the employee from the party,
provided the employer, insurance carrier or Second Injury Fund shall give written notice
of the lien to the party prior to such judgment or settlement. Sec. 31-293a. No right against fellow employee; exception. If an employee or,
in case of his death, his dependent has a right to benefits or compensation under this
chapter on account of injury or death from injury caused by the negligence or wrong of
a fellow employee, such right shall be the exclusive remedy of such injured employee
or dependent and no action may be brought against such fellow employee unless such
wrong was wilful or malicious or the action is based on the fellow employee's negligence
in the operation of a motor vehicle as defined in section 14-1. For purposes of this section,
contractors' mobile equipment such as bulldozers, powershovels, rollers, graders or
scrapers, farm machinery, cranes, diggers, forklifts, pumps, generators, air compressors,
drills or other similar equipment designed for use principally off public roads are not
"motor vehicles" if the claimed injury involving such equipment occurred at the worksite
on or after October 1, 1983. No insurance policy or contract shall be accepted as proof
of financial responsibility of the owner and as evidence of the insuring of such person
for injury to or death of persons and damage to property by the Commissioner of Motor
Vehicles required by chapter 246 if it excludes from coverage under such policy or
contract any agent, representative or employee of such owner from such policy or contract. Any provision of such an insurance policy or contract effected after July 1, 1969,
which excludes from coverage thereunder any agent, representative or employee of the
owner of a motor vehicle involved in an accident with a fellow employee shall be null
and void. Sec. 31-294. Notice of injury and of claim for compensation. Section 31-294 is
repealed. Sec. 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. Sec. 31-294b. Report of injury to employer. 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 commissioner 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.
(1) "Arising out of and in the course of his employment" means an accidental injury
happening to an employee or an occupational disease of an employee originating while
he has been engaged in the line of his duty in the business or affairs of the employer upon
the employer's premises, or while engaged elsewhere upon the employer's business or
affairs by the direction, express or implied, of the employer, provided: (A) For a policeman and a fireman, "in the course of his employment" shall encompass his departure
from his place of abode to duty, his duty, and his return to his place of abode after duty;
(B) a personal injury shall not be deemed to arise out of the employment unless causally
traceable to the employment other than through weakened resistance or lowered vitality;
(C) in the case of an accidental injury, a disability or a death due to the use of alcohol
or narcotic drugs shall not be construed to be a compensable injury; (D) for aggravation
of a preexisting disease, compensation shall be allowed only for that proportion of the
disability or death due to the aggravation of the preexisting disease as may be reasonably
attributed to the injury upon which the claim is based; (E) a personal injury shall not be
deemed to arise out of the employment if the injury is sustained: (i) At the employee's
place of abode and (ii) while the employee is engaged in a preliminary act or acts in
preparation for work unless such act or acts are undertaken at the express direction or
request of the employer. For purposes of subparagraph (C) of this subdivision, "narcotic
drugs" means all controlled substances, as designated by the Commissioner of Consumer
Protection pursuant to subsection (c) of section 21a-243, but does not include drugs
prescribed in the course of medical treatment or in a program of research operated under
the direction of a physician or pharmacologist. For purposes of subparagraph (E) of this
subdivision, "place of abode" includes the inside of the residential structure, the garage,
the common hallways, stairways, driveways, walkways and the yard. The Workers'
Compensation Commission shall adopt regulations in accordance with the provisions
of chapter 54 to implement the provisions of this section and shall define the terms "a
preliminary act" and "acts in preparation for work" on or before October 1, 1995.
(2) "Commission" means the Workers' Compensation Commission.
(3) "Commissioner" means the compensation commissioner who has jurisdiction
in the matter referred to in the context.
(4) "Compensation" means benefits or payments mandated by the provisions of this
chapter, including, but not limited to, indemnity, medical and surgical aid or hospital and
nursing service required under section 31-294d and any type of payment for disability,
whether for total or partial disability of a permanent or temporary nature, death benefit,
funeral expense, payments made under the provisions of section 31-284b, 31-293a or
31-310, or any adjustment in benefits or payments required by this chapter.
(5) "Date of the injury" means, for an occupational disease, the date of total or
partial incapacity to work as a result of such disease.
(6) "Dependent" means a member of the injured employee's family or next of kin
who was wholly or partly dependent upon the earnings of the employee at the time of
the injury.
(7) "Dependent in fact" means a person determined to be a dependent of an injured
employee, in any case where there is no presumptive dependent, in accordance with the
facts existing at the date of the injury.
(8) "Disfigurement" means impairment of or injury to the beauty, symmetry or
appearance of a person that renders the person unsightly, misshapen or imperfect, or
deforms the person in some manner, or otherwise causes a detrimental change in the
external form of the person.
(9) (A) "Employee" means any person who:
(i) Has entered into or works under any contract of service or apprenticeship with
an employer, whether the contract contemplated the performance of duties within or
without the state;
(ii) Is a sole proprietor or business partner who accepts the provisions of this chapter
in accordance with subdivision (10) of this section;
(iii) Is elected to serve as a member of the General Assembly of this state;
(iv) Is a salaried officer or paid member of any police department or fire department;
(v) Is a volunteer police officer, whether the officer is designated as special or auxiliary, upon vote of the legislative body of the town, city or borough in which the officer
serves; or
(vi) Is an elected or appointed official or agent of any town, city or borough in the
state, upon vote of the proper authority of the town, city or borough, including the elected
or appointed official or agent, irrespective of the manner in which he is appointed or
employed. Nothing in this subdivision shall be construed as affecting any existing rights
as to pensions which such persons or their dependents had on July 1, 1927, or as preventing any existing custom of paying the full salary of any such person during disability
due to injury arising out of and in the course of his employment.
(B) "Employee" shall not be construed to include:
(i) Any person to whom articles or material are given to be treated in any way on
premises not under the control or management of the person who gave them out;
(ii) One whose employment is of a casual nature and who is employed otherwise
than for the purposes of the employer's trade or business;
(iii) A member of the employer's family dwelling in his house; but, if, in any contract
of insurance, the wages or salary of a member of the employer's family dwelling in his
house is included in the payroll on which the premium is based, then that person shall,
if he sustains an injury arising out of and in the course of his employment, be deemed
an employee and compensated in accordance with the provisions of this chapter;
(iv) Any person engaged in any type of service in or about a private dwelling provided he is not regularly employed by the owner or occupier over twenty-six hours per
week;
(v) An employee of a corporation who is a corporate officer and who elects to be
excluded from coverage under this chapter by notice in writing to his employer and to
the commissioner; or
(vi) Any person who is not a resident of this state but is injured in this state during
the course of his employment, unless such person (I) works for an employer who has a
place of employment or a business facility located in this state at which such person
spends at least fifty per cent of his employment time, or (II) works for an employer
pursuant to an employment contract to be performed primarily in this state.
(10) "Employer" means any person, corporation, limited liability company, firm,
partnership, voluntary association, joint stock association, the state and any public corporation within the state using the services of one or more employees for pay, or the
legal representative of any such employer, but all contracts of employment between an
employer employing persons excluded from the definition of employee and any such
employee shall be conclusively presumed to include the following mutual agreements
between employer and employee: (A) That the employer may accept and become bound
by the provisions of this chapter by immediately complying with section 31-284; (B)
that, if the employer accepts the provisions of this chapter, the employee shall then be
deemed to accept and be bound by such provisions unless the employer neglects or
refuses to furnish immediately to the employee, on his written request, evidence of
compliance with section 31-284 in the form of a certificate from the commissioner, the
Insurance Commissioner or the insurer, as the case may be; (C) that the employee may,
at any time, withdraw his acceptance of, and become released from, the provisions of
this chapter by giving written or printed notice of his withdrawal to the commissioner
and to the employer, and the withdrawal shall take effect immediately from the time of
its service on the commissioner and the employer; and (D) that the employer may withdraw his acceptance and the acceptance of the employee by filing a written or printed
notice of his withdrawal with the commissioner and with the employee, and the withdrawal shall take effect immediately from the time of its service on the commissioner
and the employee. The notices of acceptance and withdrawal to be given by an employer
employing persons excluded from the definition of employee and the notice of withdrawal to be given by the employee, as provided in this subdivision, shall be served
upon the commissioner, employer or employee, either by personal presentation or by
registered or certified mail. In determining the number of employees employed by an
individual, the employees of a partnership of which he is a member shall not be included.
A person who is the sole proprietor of a business may accept the provisions of this
chapter by notifying the commissioner, in writing, of his intent to do so. If such person
accepts the provisions of this chapter he shall be considered to be an employer and shall
insure his full liability in accordance with subdivision (2) of subsection (b) of section
31-284. Such person may withdraw his acceptance by giving notice of his withdrawal,
in writing, to the commissioner. Any person who is a partner in a business shall be
deemed to have accepted the provisions of this chapter and shall insure his full liability
in accordance with subdivision (2) of subsection (b) of section 31-284, unless the partnership elects to be excluded from the provisions of this chapter by notice, in writing
and by signed agreement of each partner, to the commissioner.
(11) "Full-time student" means any student enrolled for at least seventy-five per
cent of a full-time student load at a postsecondary educational institution which has
been approved by a state-recognized or federally-recognized accrediting agency or
body. "Full-time student load" means the number of credit hours, quarter credits or
academic units required for a degree from such institution, divided by the number of
academic terms needed to complete the degree.
(12) "Medical and surgical aid or hospital and nursing service", when requested by
an injured employee and approved by the commissioner, includes treatment by prayer
or spiritual means through the application or use of the principles, tenets or teachings
of any established church without the use of any drug or material remedy, provided
sanitary and quarantine regulations are complied with, and provided all those ministering
to the injured employee are bona fide members of such church.
(13) "Member" includes all parts of the human body referred to in subsection (b)
of section 31-308.
(14) "Nursing" means the practice of nursing as defined in subsection (a) of section
20-87a, and "nurse" means a person engaged in such practice.
(15) "Occupational disease" includes any disease peculiar to the occupation in
which the employee was engaged and due to causes in excess of the ordinary hazards
of employment as such, and includes any disease due to or attributable to exposure to
or contact with any radioactive material by an employee in the course of his employment.
(16) (A) "Personal injury" or "injury" includes, in addition to accidental injury
which may be definitely located as to the time when and the place where the accident
occurred, an injury to an employee which is causally connected with his employment
and is the direct result of repetitive trauma or repetitive acts incident to such employment,
and occupational disease.
(B) "Personal injury" or "injury" shall not be construed to include:
(i) An injury to an employee which results from his voluntary participation in any
activity the major purpose of which is social or recreational, including, but not limited
to, athletic events, parties and picnics, whether or not the employer pays some or all of
the cost of such activity;
(ii) A mental or emotional impairment, unless such impairment arises from a physical injury or occupational disease;
(iii) A mental or emotional impairment which results from a personnel action, including, but not limited to, a transfer, promotion, demotion or termination; or
(iv) Notwithstanding the provisions of clause (i) of this subparagraph, "personal
injury" or "injury" includes injuries to employees of local or regional boards of education
resulting from participation in a school-sponsored activity but does not include any
injury incurred while going to or from such activity. As used in this clause, "school-
sponsored activity" means any activity sponsored, recognized or authorized by a board
of education and includes activities conducted on or off school property and "participation" means acting as a chaperone, advisor, supervisor or instructor at the request of an
administrator with supervisory authority over the employee.
(17) "Physician" includes any person licensed and authorized to practice a healing
art, as defined in section 20-1, and licensed under the provisions of chapters 370, 372
and 373 to practice in this state.
(18) "Podiatrist" means any practitioner of podiatry, as defined in section 20-50,
and duly licensed under the provisions of chapter 375 to practice in this state.
(19) "Presumptive dependents" means the following persons who are conclusively
presumed to be wholly dependent for support upon a deceased employee: (A) A wife
upon a husband with whom she lives at the time of his injury or from whom she receives
support regularly; (B) a husband upon a wife with whom he lives at the time of her
injury or from whom he receives support regularly; (C) any child under the age of
eighteen, or over the age of eighteen but physically or mentally incapacitated from
earning, upon the parent with whom he is living or from whom he is receiving support
regularly, at the time of the injury of the parent; (D) any unmarried child who has attained
the age of eighteen but has not attained the age of twenty-two and who is a full-time
student, upon the parent with whom he is living or from whom he is receiving support
regularly, provided, any child who has attained the age of twenty-two while a full-
time student but has not completed the requirements for, or received, a degree from a
postsecondary educational institution shall be deemed not to have attained the age of
twenty-two until the first day of the first month following the end of the quarter or
semester in which he is enrolled at the time, or if he is not enrolled in a quarter or semester
system, until the first day of the first month following the completion of the course in
which he is enrolled or until the first day of the third month beginning after such time,
whichever occurs first.
(20) "Previous disability" means an employee's preexisting condition caused by
the total or partial loss of, or loss of use of, one hand, one arm, one foot or one eye
resulting from accidental injury, disease or congenital causes, or other permanent physical impairment.
(21) "Scar" means the mark left on the skin after the healing of a wound or sore,
or any mark, damage or lasting effect resulting from past injury.
(22) "Second disability" means a disability arising out of a second injury.
(23) "Second injury" means an injury, incurred by accident, repetitive trauma, repetitive acts or disease arising out of and in the course of employment, to an employee with
a previous disability.
(1949 Rev., S. 7416; 1949, S. 3037d; 1958 Rev., S. 31-139; 1961, P.A. 491, S. 1; 1967, P.A. 842, S. 1; 1969, P.A. 289;
556, S. 1; 696, S. 1; 806, S. 1; 1972, P.A. 281, S. 2; P.A. 77-614, S. 163, 610; P.A. 78-324, S. 3; P.A. 79-113; 79-540, S.
1; P.A. 80-124, S. 1; 80-284, S. 1; 80-414, S. 1; 80-482, S. 201, 348; 80-483, S. 95, 186; P.A. 82-398, S. 1; P.A. 84-320,
S. 1, 6; P.A. 85-420, S. 1, 4; P.A. 88-184, S. 1, 3; 88-364, S. 50, 123; P.A. 91-32, S. 1, 41; 91-339, S. 1; P.A. 92-31, S. 1,
7; P.A. 93-228, S. 1, 35; P.A. 95-79, S. 117, 189; 95-262, S. 2, 3; P.A. 96-180, S. 104, 166; P.A. 97-205, S. 1; P.A. 99-
102, S. 41.)
History: 1961 act entirely replaced previous provisions; 1967 act redefined "commission" as seven rather than five
commissioners, added exception in definition of "dependent" and redefined "employer" as those employing one or more
rather than two or more persons; 1969 acts redefined "arising out of and in the course of his employment" to include special
provision re policemen and firemen, redefined "physician" to include those practicing a healing art and duly licensed rather
than those practicing as chiropractors, added definition of "podiatrist", redefined "occupational disease" to include diseases
resulting from exposure to or contact with radioactive materials and specified "regularly" employed in Subdiv. (d) of
definition of "employer"; 1972 act included persons elected as members of the general assembly in definition of "employee";
P.A. 77-614 made insurance department a division within the department of business regulation with insurance commissioner as its head, effective January 1, 1979 (See Subsec. (6)); P.A. 78-324 included volunteer police officers in definition
of "employee"; P.A. 79-113 divided section into Subsecs. and redefined "employee" and "employer" to include provisions
re persons who are sole proprietors or partners in a business; P.A. 79-540 redefined "commission" to raise number of
commissioners to eight and defined "compensation review division"; P.A. 80-124 substituted "causally" for "casually" in
Subsec. (8); P.A. 80-284 inserted new Subsec. (13) defining "full-time student" and renumbered former Subsec. (13)
accordingly; P.A. 80-414 redefined "commission" and "compensation review division" to reflect increase in number of
commissioners to nine; P.A. 80-482 reinstated insurance department and deleted reference to abolished department of
business regulation; P.A. 80-483 made technical correction; P.A. 82-398 defined "income", including within it all forms
of remuneration to an individual from his employment; P.A. 84-320 amended Subsecs. (2) and (3) to increase the number
of commissioners to ten; P.A. 85-420 amended Subdivs. (2) and (3) to increase the number of commissioners to eleven;
P.A. 88-184 redefined "commission" and "compensation review division" to reflect an increase in number of commissioners
to thirteen; P.A. 88-364 made a technical change in Subsec. (5); P.A. 91-32 replaced existing definitions with Subdivs.
(1) to (22), inclusive; P.A. 91-339 redefined "commission" in Subsec. (2), deleted definition of "compensation review
division" in former Subsec. (5), deleted reference to Sec. 31-308b from renumbered Subsec. (6), added new Subsec. (8)
defining "disfigurement" and added new Subsec. (21) defining "scar", renumbering as necessary; P.A. 92-31 redefined
"compensation" to delete dependency allowances; P.A. 93-228 redefined "arising out of and in the course of his employment", "employee", "employer" and "personal injury" in Subdivs. (1), (9), (10) and (16), respectively, added definition
of "narcotic drugs" in Subdiv. (1), and deleted definitions of "significant disfigurement" and "significant scar" in Subdivs.
(8) and (21), respectively, effective July 1, 1993; P.A. 95-79 redefined "employer" in Subdiv. (10) to include a limited
liability company, effective May 31, 1995; P.A. 95-262 amended Subdiv. (1) to redefine "arising out of and in the course
of his employment" to exclude as a personal injury, any injury sustained at the employee's place of abode while the
employee is engaged in a preliminary act or acts in preparation for work unless at the express direction or request of the
employer, to define "place of abode" and to require the Workers' Compensation Commission to adopt regulations and to
define "a preliminary act" and "acts in preparation for work", effective July 6, 1995 (Revisor's note: The phrase "the
Workers Compensation Commissioner shall adopt regulations" was changed editorially by the Revisors to "the Workers
Compensation Commission shall adopt regulations" to correct an apparent clerical error in the reference to "Commissioner"); P.A. 96-180 amended Subdivs. (9) and (10) to make technical changes, effective June 3, 1996; P.A. 97-205
amended Subpara. (B) of Subdiv. (16) to define "personal injury" and "school-sponsored activity"; P.A. 99-102 amended
Subdiv. (17) by deleting obsolete reference to chapter 371.
Dependent. Dependency is a question of fact. 89 C. 152; 95 C. 165; id., 674. Father without income is dependent on
minor though his earnings did not exceed the cost of his support. 90 C. 258; 105 C. 423. Cited. 91 C. 231; 106 C. 235; 130
C. 658; 131 C. 202; 132 C. 171. Adult son able to support his family is not a dependent of his father. 92 C. 458. Employee's
mistress is not a dependent but illegitimate children are. 93 C. 423. Wife living with husband is presumably supported by
him and not dependent of eleven year old son. 95 C. 166. Father who adds son's wages to invested capital is not dependent.
Id., 676. Sister held dependent who relied on decedent's earnings though his contributions were voluntary and not enforceable. 96 C. 303. Sister held dependent though not living with decedent. 97 C. 113. Employee. A sheriff is not an employee
of the state though it pays him a salary. 89 C. 684. Contract of employment implied. Id. Employee distinguished from
independent contractor. 90 C. 447; 95 C. 421; 96 C. 636; 105 C. 545; 107 C. 146. Musicians for a dance on defendant's
premises engaged from an orchestra leader held defendant's employees. 92 C. 407. Newspaper reporter is an employee.
94 C. 159. Formerly policemen and firemen were not employees. Id., 403. One doing personal service to a corporation
officer in hope of a tip not an employee of either the corporation or the officer. Id., 490. Consideration of whether or not
one illegally employed is within the act. 95 C. 166. Employee distinguished from city officer. 96 C. 560. Firemen and
policemen included in 1921. 102 C. 340. Tree warden is officer in supervisory duties and employee when performing
manual labor. Id., 573. Burden is on claimant to show that he is employee. 105 C. 551. "Employer" includes one working
for another in return for prior assistance from the other. 102 C. 474. "Outworker" does not include treasurer taking clerical
work home to complete. 105 C. 520. "Personal injury" is a localized abnormal condition of the body directly and contemporaneously caused by accident. 91 C. 162. Erysipelas caused by frost bite due to employment is compensable. 90 C. 131.
Also sunstroke from heat of the work. 93 C. 153; id., 315. Under the act of 1919 the injury need not be located at a definite
time and place. 98 C. 652. A weakened condition making him susceptible to disease and injury. 98 C. 652; 102 C. 10.
Weakened resistance is injury only if incapacitating disease results. The act of 1921 broadly interpreted as to resulting
diseases. 103 C. 98; id., 707; 104 C. 718. These decisions seem to be overthrown by the amendment of 1927. "Occupational
disease" was not compensable in the original act. 90 C. 349; 91 C. 158. "Arising out of and in the course of his employment."
The definition given in the present act overthrows expressions in some of the earlier cases. First defined. 90 C. 120. Causal
connection must exist between the employment and the injury. Id., 119; id., 309; 92 C. 387. Sufficient if employment
creates condition from which the injury arose. 93 C. 587; 100 C. 392. This definition developed. 92 C. 276; 93 C. 315;
104 C. 712; 105 C. 517; id., 698. That an employee does work for his employer not strictly required does not put him out
of the "course of his employment." Injuries held compensable received while returning to work after temporary stoppage.
92 C. 84. Being transported to work by the employer. 92 C. 91; 93 C. 85; 103 C. 564; 107 C. 505; 108 C. 630. Driving his
own car on employer's business. 98 C. 548. When an injury received on the highway is compensable. 105 C. 518; 107 C.
168. Foreman employed on the highway stepping across the road to speak to a friend. 93 C. 52. Policeman going along
the highway to police station. 102 C. 342. Following usual path over railroad tracks. 95 C. 412. Stopping at a company
store on the way home. 93 C. 59. Crossing tracks to get food for employer's dog. 98 C. 289. Traveling salesman injured
in hotel fire. 98 C. 758. Injury by an insane fellow workman on the premises. 100 C. 377. Resting on the premises waiting
for his turn of work. 92 C. 277. Insanity and suicide resulting from close application to library work. 107 C. 60. Hotel
manager driving thief away from the refrigerator. 103 C. 761. Fall from the scaffold where he worked though due to vertigo.
97 C. 46. Lightning stroke while park laborer was under a tree for shelter. 94 C. 12. Employer's pistol fired by a curious
office boy. 94 C. 264. Stones thrown at employer's glass which employee was trying to protect. 94 C. 381. Compensation
refused in the following cases: fighting with a fellow employee. 92 C. 386. Employee, sent by defendant to a doctor, took
short cut across railroad tracks and was killed. 96 C. 343. Taking own route home from work though the company paid
traveling expenses. 96 C. 355; 105 C. 518. Sleeping by permission in employer's barn. 105 C. 701. Injury from playful
push by a visitor. 105 C. 397. Injury caused by smoking against orders in toilet. 104 C. 334. Doing work for oneself on
employer's machine during the rest hour. 107 C. 517. Washing car sometimes used in employer's business. 107 C. 646.
Scarlet fever contracted while in hospital for treatment of compensable injury. 108 C. 148. Claim to compensation must
be based on more than speculation and conjecture. 146 C. 505. When an activity may be an incident of employment.
147 C. 267. "Aggravation of a preexisting disease" may be a personal injury. 90 C. 544. This term defined. 97 C. 552.
Apportionment of the award is not made in case of death. 103 C. 705; (but see the words "or death" added by the amendment
in 1927). Mere susceptibility is not a preexisting disease and "injury" means compensable injury. 103 C. 726. Syphilis
"lighted up" by fall was compensable. 104 C. 365; (but see the exclusion of syphilis added in 1927). Tuberculosis aggravated
by employee doing any work, but not by the particular employment, not compensable. 104 C. 711. Aliter, when it is directly
caused by the employment. 104 C. 726; 105 C. 656. Action denied when excitement aroused in a corporation manager by
the result of a prosecution in court "lighted up" angina pectoris. 108 C. 493. Causal connection between factory conditions
and grippe held too uncertain. 106 C. 365. Employer has burden of proof that preexisting disease contributed to the disability.
103 C. 731; 107 C. 66. Preexisting disease due to former employment by defendant is no mitigation. 107 C. 67. Cited. 110
C. 227; 112 C. 462; 114 C. 30; id., 136; 125 C. 189; 127 C. 395. Minor illegally employed is covered. 131 C. 157. Employee
or independent contractor. 121 C. 127; 123 C. 320; 124 C. 433; 126 C. 379. Trade or business and causal defined. 118 C.
367; 119 C. 224; 129 C. 44. Part or process of trade or business, but injury did not occur in, on or about premises under
control of respondent. 125 C. 109. Statute does not require that time be fixed by stopwatch or the place by a mathematical
point. 119 C. 44. What constitutes occupational disease. 118 C. 29; 128 C. 499. Tuberculosis not an occupational disease.
121 C. 664. Distinction between employee and independent contractor. 124 C. 433. Status of F. E. R. A. employee. 123
C. 504. Status of relief worker. 126 C. 265. Child employed in violation of law entitled to compensation. 111 C. 229.
Accidental injury−meaning of. 128 C. 608; 131 C. 572; 132 C. 118; id., 479. Unusual susceptibility of linotypist. 128 C.
499. Employee killed on property not under control of employer. 130 C. 1; 131 C. 244. Previous condition of employee
immaterial. 123 C. 192; 129 C. 532. Injury must arise out of employment and be causally traceable to it. 109 C. 378; id.,
473; 115 C. 446; 116 C. 297; 119 C. 1; id., 170; id., 248; id., 694; 122 C. 343; 123 C. 327; 124 C. 355; 129 C. 240; id.,
669; 130 C. 11; 133 C. 78; id., 614. When bodily injury arises through weakened resistance, entitled to compensation. 110
C. 248; 129 C. 532. Injury from (pneumonia) weakened resistance does not entitle to compensation. 111 C. 188. Meaning
of "through weakened resistance and lowered vitality." 116 C. 186. Litigation neurosis not compensable. 116 C. 229.
Apportionment for aggravation applied to death cases. 114 C. 389; 121 C. 71. Apportionment for aggravation of disease
applies only to occupational disease. 130 C. 401. Deviation from employment. 132 C. 606. Domestic away from employer's
house. 131 C. 334; id., 341. Situation in which employee sought gasoline rations for the mutual benefit of employer and
employee. 132 C. 563. Transportation provided by employer. 125 C. 238. Construction of "aggravation of preexisting
syphilitic disease." 122 C. 353. Where premises were under defendant's control, plaintiff held to be a subagent and employee. 134 C. 462. Plaintiffs injured by horseplay held not compensable. Id., 672. Commissioner's conclusion that claimant
was employee of police department sustained. 136 C. 361. An employer may by his dealing with an employee annex to
the actual performance of the work, as an incident of the employment, the going to or departure from work. 137 C. 134.
Cited. Id., 486. If one employee assaults another to gratify his feeling of anger, the resulting injury does not arise out of
the employment. Id., 626. Definitions of independent contractor restated. 138 C. 317. Plaintiff not on payroll, but paid by
quantity, who used his own equipment and occasionally bought supplies for which he was reimbursed, was employee and
not independent contractor, since defendant had general control of work. 148 C. 624. An employee seeking workmen's
compensation has burden of proving that he sustained an injury, not merely in the course of his employment, but arising
out of, that is, caused by, his employment. 150 C. 328. Cited. 154 C. 1, 4. Causal connection between employee's disability
and his work must be established for him to be entitled to compensation. 154 C. 48, 52. Findings of fact by hearing
commissioner that claimant was injured while using elevator in premises he was cleaning which he had expressly been
forbidden to use would not be disturbed and conclusion claimant was not injured in course of his employment sustained.
155 C. 214. Benefits under workmen's compensation act are payable only to claimants who have been dependents of
employee whose injury or death is basis of award. 156 C. 245. "Employer" is one customarily using services of two or
more employees and employee who was temporarily sole employee is still to be kept covered under act. Id., 276. Volunteer
firemen are not included in definition of employee in this statute. 159 C. 53. Cited. 162 C. 148; 163 C. 221. Cited. 165 C.
338, 340. "Injury," as used in the Workmen's Compensation Act, includes an injury to employee which is causally connected
with his employment and is the direct result of repetitive trauma or acts incident to such employment. 168 C. 413. Cited.
175 C. 392, 397. Sections 31-275 through 31-355 cited. 175 C. 424, 427. Cited. 178 C. 371, 376; id., 664, 669; 179 C.
501, 504, id., 662, 664, 665, 668; 182 C. 24, 30. Cited. 187 C. 53, 55. Cited. 204 C. 104, 109. Cited. 208 C. 589, 598.
Cited. 221 C. 29, 33, 36. Cited. 223 C. 336, 345. Cited. 227 C. 333, 359. Cited. Id., 930. Cited. 229 C. 587−589, 591.
Cited. 231 C. 287, 293. Cited. 241 C. 692. Injury sustained by discharged employee while retrieving personal belongings
compensable as injury sustained in the course of employment. 244 C. 502. Cited as Workers Compensation Act, sec. 31-
275 et. seq., in accord with prior cases, the determination of whether injury arose out of and in the course of employment
is a question of fact for the commissioner. 245 C. 613. Cited as Workers Compensation Act, sec. 31-275 et. seq., the "right
to control" test cannot coexist with the "relative nature of work" test; court affirmed use of "right to control" test. Id.
Cited. 3 CA 16, 20, 21. Cited. 32 CA 595, 606.
When the life expectancy of the decedent is less than the term covered by the award. 2 CS 30. Compensation is allowed
only when the preexisting disease is aggravated by the injury; it does not include the situation where the injury is made
more serious because of the preexisting disease. 6 CS 256. Plaintiff injured while being transported to place of employment
by employer on day before her salary began was within the course of her employment. Id., 288. Heart condition is not
necessarily inconsistent with the occurrence of an accident within the concept of the statute. 7 CS 5. One who reported to
a municipal station after each snowfall for employment in snow removal work was not an employee under the act until he
was hired. 12 CS 313. Cited. 13 CS 417. Enlargement of plaintiff's heart not a "personal injury." 14 CS 131. Cited. 15 CS
324. Distinction drawn between "special hazards" test and "arising out of and in the course of his employment." 20 CS
202. Injury sustained as result of playing basketball at company club held not to have arisen out of and in the course of
employment. 24 CS 262.
Former Subsec. (b):
"Employment of casual nature" defined. 90 C. 451; 92 C. 407; 105 C. 594; 107 C. 363. Police duty is not, though on
theater assignment. 102 C. 342. Washing windows in defendant's factory is not. 107 C. 192. This exception not to be
construed strictly against the employee. Id., 364.
Former Subsec. (c):
Employee of partnership not barred because the son lived in the house of a partner. 91 C. 380.
Cited. 21 CA 610.
Subdiv. (1):
Cited. 41 CA 430, 432. Subpara. (D) cited. Id., 430, 432−436.
Subdiv. (4):
Cited. 231 C. 287, 293. Cited. 239 C. 676.
Cited. 5 CA 369, 370. Cited. 24 CA 234, 237.
Subdiv. (5):
Cited. 187 C. 53, 62. Cited. 193 C. 59, 68. Cited. 203 C. 34, 38. Cited. 207 C. 420, 426. Cited. 208 C. 589, 598. Cited.
213 C. 54, 55, 57, 59−63, 66. Subpara. (B) cited. 219 C. 674, 677, 678, 681. Subpara. (D): Work in construction of
barn on premises of private residence not in excess of twenty-six hours a week is excluded from provisions of workers'
compensation act. Id., 674, 677, 678, 681−685. Cited. Id., 674, 678. Cited. 228 C. 401, 406−408. P.A. 93-228, Sec. 1
(9)(B)(vi) cited. Id.
Subpara. (D) cited. 3 CA 16, 20, 21. Cited. 21 CA 610, 612, 613.
Subdiv. (6):
Cited. 207 C. 420, 426. Cited. 213 C. 54, 60. Cited. 239 C. 19.
Cited. 18 CA 614, 616. Cited. 21 CA 610, 612, 613.
Subdiv. (8):
Cited. 196 C. 91, 98, 99. Cited. 221 C. 29, 32. Cited. 227 C. 333, 352, 359.
Cited. 3 CA 370, 373.
Cited. 37 CS 836, 838.
Subdiv. (9):
Subpara. (B)(iii) cited. 225 C. 165, 169. Cited. 226 C. 508. Subpara. (B)(v) cited Id., 508, 509, 511, 513. Term "employee" encompasses illegal alien, thus claim for work-related injury by illegal alien was within jurisdictional confines of
Workers' Compensation Act. 244 C. 781.
Cited. 29 CA 249, 255.
Subdiv. (10):
Cited. 226 C. 508, 509, 511−513.
Subdiv. (11):
Cited. 221 C. 29, 32, 34. Cited. 227 C. 333, 348, 352.
Cited. 28 CA 226, 229.
Cited. 38 CS 324, 325.
Subdiv. (12):
Cited. 186 C. 623, 628. Cited. 221 C. 29, 32.
Cited. 25 CA 599, 603. Cited. 27 CA 800, 808.
Cited. 39 CS 408, 410.
Subdiv. (14):
Cited. 214 C. 394, 398. Cited. Id., 552, 558.
Cited. 24 CA 234, 238. Cited. 44 CA 397.
Subdiv. (15):
Cited. 241 C. 692. Cited. 242 C. 570.
Cited. 38 CA 1, 6. Cited. 41 CA 430, 432. Cited. 42 CA 803.
Subdiv. (16):
Subpara. (A): Exposures to two potentially fatal infectious diseases are compensable injuries under the act. 241 C. 692.
Subpara. (A) cited. 242 C. 570.
Subpara. (A) cited. 42 CA 803; 45 CA 707.
Subdiv. (19):
Cited. 226 C. 569, 574, 575. Former Sec. 31-306 cited. Id.
Subdiv. (20):
Cited. 237 C. 490.
(Return to TOC) (Return to Chapters) (Return to Titles)
(April, 1964, P.A. 3, S. 3; 1969, P.A. 662, S. 1, 2; 1972, P.A. 190; June, 1972, P.A. 1, S. 7; P.A. 79-376, S. 34, 35; P.A.
84-320, S. 3, 6; P.A. 91-32, S. 2, 41; 91-339, S. 53−55.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(1969, P.A. 806, S. 2.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Notwithstanding the provisions of subsection (a), on and after October 1, 1988,
any commissioner whose term expires on December thirty-first shall continue to serve
until the next succeeding March thirty-first.
(c) Each nomination made by the Governor to the General Assembly for a compensation commissioner shall be referred, without debate, to the committee on the judiciary,
which shall report thereon within thirty legislative days from the time of reference, but
no later than seven legislative days before the adjourning of the General Assembly.
Each appointment by the General Assembly of a compensation commissioner shall be
by concurrent resolution. The action on the passage of each such resolution in the House
and in the Senate shall be by vote taken on the electrical roll-call device. No resolution
shall contain the name of more than one nominee. The Governor shall, within five days
after he has notice that any nomination for a compensation commissioner made by him
has failed to be approved by the affirmative concurrent action of both houses of the
General Assembly, make another nomination to such office.
(d) Notwithstanding the provisions of section 4-19, no vacancy in the position of
a compensation commissioner shall be filled by the Governor when the General Assembly is not in session unless, prior to such filling, the Governor submits the name of the
proposed vacancy appointee to the committee on the judiciary. Within ten days, the
committee on the judiciary may, upon the call of either chairman, hold a special meeting
for the purpose of approving or disapproving such proposed vacancy appointee by majority vote. Failure of the committee to act on such proposed vacancy appointee within
such ten-day period shall be deemed to be an approval.
(e) Each commissioner shall be sworn to a faithful performance of his duties. After
notice and public hearing the Governor may remove any commissioner for cause and
the good of the public service. Each compensation commissioner shall devote his full
time to the duties of his office and shall not be otherwise gainfully employed.
(1949 Rev., S. 7435; 1958 Rev., S. 31-140; 1961, P.A. 491, S. 2; April, 1964, P.A. 3, S. 1; February, 1965, P.A. 577,
S. 1; 1969, P.A. 662, S. 3; 1971, P.A. 639, S. 2; P.A. 80-414, S. 2; P.A. 83-353, S. 2; P.A. 84-320, S. 2, 6; 84-546, S. 154,
173; P.A. 85-420, S. 2, 4; P.A. 87-301; P.A. 88-125; 88-184, S. 2, 3; P.A. 91-339, S. 2, 55; June Sp. Sess. P.A. 91-12, S.
50, 55; P.A. 92-176, S. 1, 2; P.A. 93-228, S. 2, 35; P.A. 94-193, S. 2; May 25 Sp. Sess. P.A. 94-1, S. 29, 130; P.A. 96-72,
S. 1, 2.)
History: 1961 act entirely replaced previous provisions; 1964 act revised districts along other than congressional district
lines; 1965 act raised number of commissioners from five to seven, consisting of one for each of the six congressional
districts and one at-large commissioner; 1969 act raised number of commissioners to eight and revised districts to be those
created under Sec. 31-275b rather than congressional districts; 1971 act required commissioners to devote full time to
duties of office; P.A. 80-414 increased number of commissioners to nine, created position of chairman of the board and
specified his qualifications and appointment procedure; P.A. 83-353 amended Subsec. (a) to provide that the governor
shall "nominate" rather than "appoint" the commissioners, added Subsec. (b) re the procedure for appointment by the
general assembly and added Subsec. (c) re the procedure for the nomination and appointment of commissioners to fill
vacancies while the general assembly is not in session, deleting prior provision whereby governor was solely responsible
for filling vacancies; P.A. 84-320 amended Subsec. (a) to provide for ten commissioners, and to provide that the commissioner from the new eighth district shall be nominated by the governor on or before January 1, 1985; P.A. 84-546 made
technical change, referring to "houses" rather than "branches" of the general assembly; P.A. 85-420 amended Subsec. (a)
to increase the number of at-large commissioners from one to two; P.A. 87-301 revised Subsec. (a) by eliminating references
to specific appointments of commissioners commencing January first and July first and rewording appointment provisions,
adding provision re appointment by general assembly as prescribed by law and removal by impeachment; P.A. 88-125
inserted new Subsec. (b) to specify that term of any commissioner on and after October 1, 1988, whose term expires on
December thirty-first shall continue to serve until next succeeding March thirty-first; and relettered remaining Subsecs.;
P.A. 88-184 amended Subsec. (a) to provide for thirteen commissioners, including four commissioners at large, and to
provide that the two commissioners at large shall be nominated by the governor on or before October 1, 1988; P.A. 91-
339 amended Subsec. (a) by adding provisions re workers' compensation commission, changing number of commissioners
from thirteen to fourteen, deleting provisions re district and at large commissioners and the chairman of the board of
compensation commissioners, adding requirement that not less than two commissioners reside in each U.S. congressional
district and adding provisions re selection of the chairman of the workers' compensation commission; June Sp. Sess. P.A.
91-12 amended Subsec. (a) by changing the required period that the chairman must serve as a compensation commissioner
prior to selection by the governor from three years to two years; P.A. 92-176 amended Subsec. (a) to provide that the
commissioner selected to be chairman shall have served as a compensation commissioner for at least one year, rather than
two years; P.A. 93-228 amended Subsec. (a) to increase the number of workers' compensation commissioners from fourteen
to sixteen and to provide that persons nominated as commissioners shall have been members of the Connecticut bar for at
least five years, effective July 1, 1993; P.A. 94-193, effective October 1, 1994, and May 25 Sp. Sess. P.A. 94-1, effective
July 1, 1994, both made a technical correction in Subsec. (a) by amending a provision changing the number of workers'
compensation commissioners from "fourteen" to "sixteen" which was omitted from P.A. 93-228; P.A. 96-72 amended
Subsec. (a) to eliminate the requirement that not less than two commissioners reside in each United States congressional
district, effective May 8, 1996.
See Sec. 31-278 re powers and duties of commissioners.
The commissioner is not a court; some of his acts are quasi-judicial and some wholly administrative. 89 C. 148.
Appointment of commissioner unaffected by subsequent resignation of governor. 133 C. 687.
Cited. 14 CS 421.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 77-614, S. 481, 610; P.A. 79-376, S. 36.)
History: P.A. 79-376 substituted "workers' compensation" for "workmen's compensation".
See Sec. 4-38f for definition of "administrative purposes only".
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Each commissioner, who has completed not less than ten years of service as a
commissioner, or other state service or service as an elected officer of the state, or any
combination of such service, shall receive semiannual longevity payments based on
service completed as of the first day of July and the first day of January of each year as
follows:
(1) A commissioner who has completed ten or more years but less than fifteen years
of service shall receive one-quarter of three per cent of the annual salary payable under
subsection (a) of this section.
(2) A commissioner who has completed fifteen or more years but less than twenty
years of service shall receive one-half of three per cent of the annual salary payable
under subsection (a) of this section.
(3) A commissioner who has completed twenty or more years but less than twenty-
five years of service shall receive three-quarters of three per cent of the annual salary
payable under subsection (a) of this section.
(4) A commissioner who has completed twenty-five or more years of service shall
receive three per cent of the annual salary payable under subsection (a) of this section.
(1949 Rev., S. 3600; 1951, 1955, S. 1969d; 1958 Rev., S. 31-141; 1959, P.A. 428, S. 1; 1961, P.A. 491, S. 3; February,
1965, P.A. 331, S. 45; 1969, P.A. 696, S. 2; P.A. 76-436, S. 621, 681; P.A. 79-540, S. 10, 11; P.A. 84-399, S. 12, 17; P.A.
91-32, S. 3, 41; P.A. 93-379, S. 7, 8; June Sp. Sess. P.A. 00-1, S. 38, 46.)
History: 1959 act raised commissioners' salary from thirteen thousand five hundred to fifteen thousand dollars; 1961
act entirely replaced previous provisions; 1965 act increased commissioners' salary to seventeen thousand five hundred
dollars; 1969 act replaced specific salary with provision calling for salaries "in an amount equal to that paid to a judge of
the court of common pleas"; P.A. 76-436 called for salaries "of six thousand dollars less than the highest step level of a
superior court judge", effective July 1, 1978; P.A. 79-540 replaced single salary figure with schedule of salaries fixed
according to years of service; P.A. 84-399 amended section by adding Subsec. (b) re longevity payments; P.A. 91-32
deleted obsolete references to July 1, 1979, and made technical changes; P.A. 93-379 amended Subsec. (b) to permit credit
for longevity purposes for other state service or service as an elected official of the state or any combination of service,
effective June 30, 1993; June Sp. Sess. P.A. 00-1 amended Subsec. (a) to increase additional compensation of chairman
from one thousand dollars annually to ten thousand dollars annually, effective July 1, 2000.
See Sec. 51-47 re salaries of judges.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 7436; 1958 Rev., S. 31-142; 1961, P.A. 491, S. 4; February, 1965, P.A. 577, S. 2; 1969, P.A. 662, S. 4;
1971, P.A. 339; P.A. 73-152; P.A. 76-80, S. 1, 3; P.A. 80-414, S. 4; P.A. 81-472, S. 65, 159; P.A. 82-289, S. 2; P.A. 84-
320, S. 4, 6; P.A. 91-339, S. 4, 55.)
History: 1961 act entirely replaced previous provisions; 1965 act added exceptions to residency requirement, established
sixth district office in New Britain and revised list of towns which serve as hearing locations; 1969 act deleted references
to "congressional" districts, established seventh district office in Stamford and revised list of towns which serve as hearing
locations; 1971 act deleted exceptions to residency requirement which had existed for fourth district commissioner and
which had stated that at-large commissioner must reside in a town of the state, added proviso re jurisdiction in cases where
there is uncertainty as to district in which claim arises, allowed designation of other than usual commissioner to hear claims
if parties request it and commissioner finds it will aid speedy disposition; P.A. 73-152 revised list of towns which serve
as hearing locations; P.A. 76-80 empowered commissioners "to order depositions pursuant to section 52-148"; P.A. 80-
414 added provision re board chairman's maintenance of an office; P.A. 81-472 made technical changes; P.A. 82-289
referred to Norwich as a town rather than as a city; P.A. 84-320 provided that the commissioner for the eighth district shall
maintain an office in Middletown, and that hearings in the district shall be held in Middletown; P.A. 91-339 deleted
provisions re commissioners residing in assigned districts and requirements re office locations and changed certain references to "commission" to read "chairman", effective July 1, 1992.
See Sec. 31-276 re compensation commissioners' nomination, appointment, terms of office, removal, etc.
Commissioner has jurisdiction only in his own district unless local commissioner is "disqualified or incapacitated";
cannot act by consent of parties. 99 C. 236. Powers of commissioners are purely statutory. 108 C. 33. Contract made in
this state, to be performed in another state, governed by our law. 111 C. 696. No jurisdiction to determine rights between
employer and two insurance companies. 113 C. 504; 120 C. 503. Cited. 129 C. 594; 132 C. 172; 133 C. 668. When acting
commissioner is disqualified, commissioner in whose district accident occurred has jurisdiction to name commissioner to
act further. 118 C. 29. Cited. 218 C. 46, 50. Cited. 232 C. 758, 759, 766, 769, 772−774, 777, 778. Section does not
give commissioner subject matter jurisdiction over insurance coverage issues that require application of laws other than
provisions of the Workers' Compensation Act. 248 C. 754.
Cited. 16 CA 138, 141. Cited. 21 CA 9, 18; judgment reversed, see 218 C. 46 et seq. Cited. 22 CA 539, 548; judgment
reversed, see 219 C. 439 et seq. Cited. 24 CA 234, 236. Cited. 29 CA 249, 261. Cited. 31 CA 819, 820. Cited. 34 CA 673,
676. Cited. 36 CA 150, 152, 153. P.A. 91-339 cited. Id.
Former workmen's compensation commissioner who heard the case originally had authority to hear it upon remand
after appeal. 14 CS 302. Cited. 39 CS 321, 324.
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(b) The chairman of the Workers' Compensation Commission shall, not later than
July 1, 1991, adopt regulations, in accordance with chapter 54, to create a uniform system
to be used by medical professionals in determining the degree of physical impairment
of persons receiving compensation under this chapter.
(c) On or after January 1, 1992, any employer or any insurer acting on behalf of an
employer, may establish a plan, subject to the approval of the chairman of the Workers'
Compensation Commission under subsection (d) of this section, for the provision of
medical care which the employer provides for treatment of any injury or illness under
this chapter. Each plan shall contain such information as the chairman shall require,
including, but not limited to: (1) A listing of all persons who will provide services under
the plan, along with appropriate evidence that each person listed has met any licensing,
certification or registration requirement necessary for the person to legally provide the
service in this state; (2) a designation of the times, places and manners in which the
services will be provided; (3) a description of how the quality and quantity of medical
care will be managed; and (4) such other provisions as the employer and the employees
may agree to, subject to the approval of the chairman. The election by an employee
covered by a plan established under this subsection to obtain medical care and treatment
from a provider of medical services who is not listed in the plan shall suspend his right
to compensation, subject to the order of the commissioner.
(d) Each plan established under subsection (c) of this section shall be submitted to
the chairman for his approval at least one hundred twenty days before the proposed
effective date of the plan and each approved plan, along with any proposed changes
therein, shall be resubmitted to the chairman every two years thereafter for reapproval.
The chairman shall approve or disapprove such plans on the basis of standards established by the chairman in consultation with a medical advisory panel appointed by the
chairman. Such standards shall include, but not be limited to: (1) The ability of the plan
to provide all medical and health care services that may be required under this chapter
in a manner that is timely, effective and convenient for the employees; (2) the inclusion
in the plan of all categories of medical service and of an adequate number of providers
of each type of medical service in accessible locations to ensure that employees are
given an adequate choice of providers; (3) the provision in the plan for appropriate
financial incentives to reduce service costs and utilization without a reduction in the
quality of service; (4) the inclusion in the plan of fee screening, peer review, service
utilization review and dispute resolution procedures designed to prevent inappropriate
or excessive treatment; and (5) the inclusion in the plan of a procedure by which information on medical and health care service costs and utilization will be reported to the
chairman in order for him to determine the effectiveness of the plan.
(e) Any person who serves as a member of the medical advisory panel, appointed
by the chairman of the Workers' Compensation Commission pursuant to subsection
(d) of this section, shall be deemed to be a state officer or employee for purposes of
indemnification and defense under section 5-141d.
(1949 Rev., S. 7437; September, 1957, P.A. 11, S. 13; 1958 Rev., S. 31-143; 1961, P.A. 491, S. 5; 1967, P.A. 842, S.
2; 1969, P.A. 556, S. 3; P.A. 90-116, S. 1; P.A. 91-32, S. 4, 41; 91-339, S. 5, 55; P.A. 93-228, S. 3, 35; P.A. 95-240.)
History: 1961 act entirely replaced previous provisions; 1967 act added provisions re commissioners' duties to maintain
approved list of practicing physicians, surgeons and dentists, etc.; 1969 act added podiatrists to approved list; P.A. 90-116
added provision concerning regulations creating a uniform system for determination of the degree of physical impairment;
P.A. 91-32 added provisions re notice of availability of compensation and made technical changes; P.A. 91-339 deleted
provisions re adoption of rules by the commissioners, designated provisions re notice of availability of compensation as
Subsec. (a) and authorized the chairman to adopt regulations governing, deleted provisions re list of physicians, surgeons,
podiatrists and dentists, designated provisions re uniform system for determination of degree of physical impairment as
Subsec. (b) and authorized the chairman to adopt regulations governing, deleted provisions re annual report of commissioner
to the governor and added Subsecs. (c) to (e), inclusive, re employer-sponsored plans for medical care and treatment; P.A.
93-228 amended Subsec. (c) to delete requirement that employer-sponsored plans for medical care and treatment by
employers with fifty or more employees include designation of labor-management safety committee and to prohibit employees from receiving compensation for treatment outside such plans, deleting provisions which had specified conditions
permitting care and treatment by outside providers and deleted Subsec. (e) re compensation for treatment by practitioners
not listed in employer-sponsored plans, effective July 1, 1993; P.A. 95-240 added Subsec. (e) re indemnification of members
of the medical advisory panel.
Cited. 219 C. 439, 457.
Cited. 29 CA 249, 255.
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(P.A. 73-421; P.A. 79-376, S. 37; P.A. 92-31, S. 2, 7.)
History: P.A. 79-376 replaced "workmen's compensation" with "workers' compensation"; P.A. 92-31 substituted
"chairman of workers' compensation commission" for "workers' compensation commissioners".
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(P.A. 75-223; P.A. 79-376, S. 38; P.A. 91-32, S. 40, 41.)
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(b) The chairman of the Workers' Compensation Commission shall:
(1) Establish workers' compensation districts and district offices within the state,
assign compensation commissioners to the districts to hear all matters arising under this
chapter within the districts and may reassign compensation commissioners once each
year, except that when there is a vacancy, illness or other emergency, or when unexpected
caseload increases require, the chairman may reassign compensation commissioners
more than once each year;
(2) Adopt such rules as the chairman, in consultation with the advisory board, deems
necessary for the conduct of the internal affairs of the Workers' Compensation Commission;
(3) Adopt regulations, in consultation with the advisory board and in accordance
with the provisions of chapter 54, to carry out his responsibilities under this chapter;
(4) Prepare and adopt an annual budget and plan of operation in consultation with
the advisory board;
(5) Prepare and submit an annual report to the Governor and the General Assembly;
(6) Allocate the resources of the commission to carry out the purposes of this
chapter;
(7) Establish an organizational structure and such divisions for the commission,
consistent with this chapter, as the chairman deems necessary for the efficient and prompt
operation of the commission;
(8) Establish policy for all matters over which the commission has jurisdiction,
including rehabilitation, education, statistical support and administrative appeals;
(9) Appoint such supplementary advisory panels as the chairman deems necessary
and helpful;
(10) Establish, in consultation with the advisory board, (A) an approved list of practicing physicians, surgeons, podiatrists, optometrists and dentists from which an injured
employee shall choose for examination and treatment under the provisions of this chapter, which shall include, but not be limited to, classifications of approved practitioners
by specialty, and (B) standards for the approval and removal of physicians, surgeons,
podiatrists, optometrists and dentists from the list by the chairman;
(11) (A) Establish standards in consultation with the advisory board for approving
all fees for services rendered under this chapter by attorneys, physicians, surgeons,
podiatrists, optometrists, dentists and other persons;
(B) In consultation with employers, their insurance carriers, union representatives,
physicians and third-party reimbursement organizations establish, not later than October
1, 1993, and publish annually thereafter, a fee schedule setting the fees payable by an
employer or its insurance carrier for services rendered under this chapter by an approved
physician, surgeon, podiatrist, optometrist or dentist, provided the fee schedule shall
not apply to services rendered to a claimant who is participating in an employer's managed care plan pursuant to section 31-279. The fee schedule shall limit the annual growth
in total medical fees to the annual percentage increase in the consumer price index for
all urban workers. Payment of the established fees by the employer or its insurance
carrier shall constitute payment in full to the practitioner, and the practitioner may not
recover any additional amount from the claimant to whom services have been rendered;
(C) Issue, not later than October 1, 1993, and publish annually thereafter, guidelines
for the maximum fees payable by a claimant for any legal services rendered by an
attorney in connection with the provisions of this chapter, which fees shall be approved
in accordance with the standards established by the chairman pursuant to subparagraph
(A) of this subdivision;
(12) Approve applications for employer-sponsored medical care plans, based on
standards developed in consultation with a medical advisory panel as provided in section
31-279;
(13) Establish procedures for the hiring, dismissing or otherwise disciplining and
promoting employees of the commission, subject where appropriate to the provisions
of chapter 67;
(14) Control the hearing calendars of the compensation commissioners, and if necessary, preside over informal hearings in regard to compensation under the provisions
of this chapter in order to facilitate the timely and efficient processing of cases;
(15) Enter into contracts with consultants and such other persons as necessary for
the proper functioning of the commission;
(16) Direct and supervise all administrative affairs of the commission;
(17) Keep and maintain a record of all advisory board proceedings;
(18) Assign and reassign a district manager and other staff to each of the commission's district offices;
(19) Collect and analyze statistical data concerning the administration of the Workers' Compensation Commission;
(20) Direct and supervise the implementation of a uniform case filing and processing system in each of the district offices that will include, but not be limited to, the
ability to provide data on the number of cases having multiple hearings, the number of
postponed hearings and hearing schedules for each district office;
(21) Establish staff development, training and education programs designed to improve the quality of service provided by the commission, including, but not limited to,
a program to train district office staff in the screening of hearing requests;
(22) Develop standard forms for requesting hearings and standard policies regarding limits on the number of informal hearings that will be allowed under this chapter,
and limits on the number of postponements that will be permitted before a formal hearing
is held pursuant to section 31-297;
(23) Develop guidelines for expediting disputed cases;
(24) Establish an ongoing training program, in consultation with the advisory board,
designed to assist the commissioners in the fulfillment of their duties pursuant to the
provisions of section 31-278, which program shall include instruction in the following
areas: Discovery, evidence, statutory interpretation, medical terminology, legal decision
writing and the purpose and procedures of informal and formal hearings;
(25) Evaluate, in conjunction with the advisory board, the performance of each
commissioner biannually and, notwithstanding the provisions of subsection (b) of section 1-210 and chapter 55, make the performance evaluation of any commissioner available only to the Governor, the members of the joint standing committee on the judiciary
and the respective commissioner prior to any public hearing on the reappointment of
any such commissioner. Any information disclosed to such persons shall be used by
such persons only for the purpose for which it was given and shall not be disclosed to
any other person;
(26) (A) In consultation with insurers and practitioners, establish not later than
October 1, 1993, and publish annually thereafter, practitioner billing guidelines for employers, workers' compensation insurance carriers and practitioners approved by the
chairman pursuant to subdivision (10) of this subsection. The guidelines shall include
procedures for the resolution of billing disputes and shall prohibit a practitioner from
billing or soliciting payments from a claimant for services rendered to the claimant
under the provisions of this chapter (i) during a payment dispute between the practitioner
and the employer or its workers' compensation insurance carrier, or (ii) in excess of the
maximum fees established pursuant to subparagraph (B) of subdivision (11) of this
subsection;
(B) In consultation with practitioners and insurers, develop not later than July 1,
1994, practice protocols for reasonable and appropriate treatment of a claimant under
the provisions of this chapter, based on the diagnosis of injury or illness. The commission
shall annually publish the practice protocols for use by approved practitioners, employers, workers' compensation insurance carriers and commissioners in evaluating the necessity and appropriateness of care provided to a claimant under the provisions of this
chapter;
(C) In consultation with practitioners and insurers, develop not later than July 1,
1994, utilization review procedures for reasonable and appropriate treatment of a claimant under the provisions of this chapter. The chairman shall annually publish the procedures for use by approved practitioners, employers, workers' compensation insurance
carriers and commissioners in evaluating the necessity and appropriateness of care provided to a claimant under the provisions of this chapter.
(c) The chairman, as soon as practicable after April first of each year, shall submit
to the Comptroller an estimated budget of expenditures which shall include all direct
and indirect costs incurred by the Workers' Compensation Commission for the succeeding fiscal year commencing on July first next. The Workers' Compensation Commission, for the purposes of administration, shall not expend more than the amounts
specified in such estimated budget for each item of expenditure except as authorized
by the Comptroller. The chairman shall include in his annual report to the Governor a
statement showing the expenses of administering the Workers' Compensation Act for
the preceding fiscal year.
(d) The chairman and the Comptroller, as soon as practicable after August first in
each year, shall ascertain the total amount of expenses incurred by the commission,
including, in addition to the direct cost of personnel services, the cost of maintenance
and operation, rentals for space occupied in state leased offices and all other direct and
indirect costs, incurred by the commission during the preceding fiscal year in connection
with the administration of the Workers' Compensation Act and the total noncontributory
payments required to be made to the Treasurer towards commissioners' retirement salaries as provided in sections 51-49, 51-50, 51-50a and 51-50b. An itemized statement of
the expenses as so ascertained shall be available for public inspection in the office of
the chairman of the Workers' Compensation Commission for thirty days after notice to
all insurance carriers, and to all employers permitted to pay compensation directly affected thereby.
(1949 Rev., S. 7438; September, 1957, P.A. 11, S. 13; 1958 Rev., S. 31-144; 1961, P.A. 491, S. 6; 1969, P.A. 696, S.
3; 1971, P.A. 366; 639, S. 7; P.A. 77-614, S. 130, 610; P.A. 78-303, S. 32, 136; P.A. 79-376, S. 39; 79-540, S. 2; P.A. 80-
414, S. 3; P.A. 90-116, S. 3; P.A. 91-339, S. 6, 55; P.A. 93-228, S. 4, 35; P.A. 97-205, S. 2.)
History: 1961 act entirely replaced previous provisions; 1969 act deleted requirement that chairman publish a digest
of compensation decisions and added Subsecs. (b) and (c) re budget and record of expenditures; 1971 acts substituted
"disposition" of business for "dispensation" of business in Subsec. (a) and required inclusion of "noncontributory payments
required to be made to the treasurer towards commissioners' retirement salaries" as part of expenses incurred under Subsec.
(c); P.A. 77-614 transferred power to appoint at-large commissioner from personnel policy board to commissioner of
administrative services "subject to the provisions of section 4-40"; P.A. 78-303 specified that commission is not a commission or board subject to Sec. 4-9a in Subsec. (a); P.A. 79-376 replaced "workmen's compensation" with "workers' compensation"; P.A. 79-540 specified that chairman of board of compensation commissioners is also chairman of compensation
review division in Subsec. (a); P.A. 80-414 clarified duties of chairman as administrative, granting him powers to control
hearing calendars to expedite processing of claims and power to hear matters and required that chairman be provided with
sufficient staff to perform his duties in Subsec. (a); P.A. 90-116 amended Subsec. (a) to allow for the appointment of
temporary commissioners at the discretion of any commissioner within available appropriations; P.A. 91-339 changed
"board of compensation commissioners" to "workers' compensation commission", deleted provisions re chairman of
the compensation review division, added provisions re hearing of matters by the chairman, and deleted provisions re
administrative nature of the chairman's duties, commissioners at large and the chairman's control over the hearing calendars
of the commissioners in Subsec. (a), added new Subsec. (b) re powers and duties of the chairman of the workers' compensation commission, redesignated existing Subsec. (b) as Subsec. (c) and required estimated budget to include all direct and
indirect costs incurred by the commission, redesignated existing Subsec. (c) as Subsec. (d) and made technical changes;
P.A. 93-228 amended Subsec. (b) to apply provisions to optometrists, to require chairman to establish medical fee schedule,
attorney fee guidelines, commissioner training program, medical billing guidelines, practice protocols and utilization
review procedures, to evaluate commissioners' performance and, when necessary, to preside over informal workers' compensation hearings, effective July 1, 1993; P.A. 97-205 amended Subdiv. (1) of Subsec. (b) to permit the chairman to
reassign compensation commissioners.
See Sec. 31-277 re salaries of compensation commissioners.
Cited. 232 C. 758, 760, 764, 765, 770, 771, 773.
Cited. 36 CA 150−152.
Subsec. (a):
Cited. 232 C. 758, 773.
Subsec. (b):
Cited. 232 C. 758, 759, 768−770, 774−776, 779. Subdiv. (1) cited. Id., 758, 768, 774. Subdiv. (6) cited. Id., 758, 761,
764, 768, 769, 774. Subdiv. (14) cited. Id., 758, 761, 764, 768, 769, 774. Subdiv. (16) cited. Id., 758, 761, 764, 769, 774.
Subdiv. (6) cited. 36 CA 150, 152. Subdiv. (14) cited. Id. Subdiv. (16) cited. Id. Commissioner is authorized to make
a determination on case which he has presided over even after he has been transferred to another district. 47 CA 391.
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(b) The appointed members of the advisory board shall select a ninth member who
shall be impartial and shall serve as the chairman of the advisory board. The members
of the advisory board shall serve without compensation. Each member shall be reimbursed for expenses necessarily incurred by the member in the performance of his duties.
The advisory board shall not be construed to be a board or commission subject to the
provisions of section 4-9a. The Workers' Compensation Commission shall provide such
staff as is necessary for the performance of the functions and duties of the advisory
board.
(c) The advisory board shall meet at least twice in each calendar quarter and at such
other times as the chairman or the chairman of the Workers' Compensation Commission
deem necessary. All actions of the advisory board shall require the affirmative vote of
six members of the advisory board. The advisory board may bring any matter related
to the operation of the workers' compensation system to the attention of the chairman
of the Workers' Compensation Commission. The advisory board may adopt any rules
of procedure that the board deems necessary to carry out its duties under this chapter.
(d) The advisory board shall submit its written recommendations concerning the
reappointment of each compensation commissioner to the Governor and the General
Assembly not later than three months before the expiration of the term of the commissioner.
(P.A. 91-339, S. 3, 55.)
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(b) The board shall review appeals of decisions made by compensation commissioners pursuant to this chapter. The chief shall annually select two compensation commissioners to sit with him to hear such appeals for a term of one year, except that no commissioner may sit in review of an award or decision rendered by him. The chief may select
a third compensation commissioner to sit on the board if one of the board members is
disqualified or temporarily incapacitated from hearing the matter under review.
(c) No compensation commissioner except the chief may serve as a member of the
Compensation Review Board for more than one year during the term for which he was
appointed.
(P.A. 91-339, S. 7, 55.)
Cited. 38 CA 637, 638.
Subsec. (b):
Cited. 231 C. 287, 292.
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(1949 Rev., S. 7439; 1958 Rev., S. 31-145; 1961, P.A. 491, S. 7; P.A. 91-339, S. 53, 55.)
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(1949 Rev., S. 7440; 1958 Rev., S. 31-146; 1961, P.A. 491, S. 8.)
History: 1961 act entirely replaced previous provisions.
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(1949 Rev., S. 3601; 1958 Rev., S. 31-147; 1961, P.A. 491, S. 9.)
History: 1961 act entirely replaced previous provisions.
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(b) The chairman shall be authorized to (1) enter into agreements with other state
or federal agencies to carry out the purposes of this section and expend money for that
purpose, and (2) on behalf of the state of Connecticut, develop matching programs or
activities to secure federal grants or funds for the purposes of this section and may pledge
or use funds supplied from the administrative costs fund, as provided in section 31-345,
to finance the state's share of the programs or activities.
(1967, P.A. 569, S. 1; P.A. 79-376, S. 40; P.A. 85-133, S. 1; P.A. 91-32, S. 4, 41; 91-339, S. 8, 55; P.A. 95-265, S. 1,
7; P.A. 96-216, S. 1, 5.)
History: P.A. 79-376 replaced "workmen's compensation" with "workers' compensation"; P.A. 85-133 required that
the commission adopt regulations on or before October 1, 1986, concerning the operations of the division of workers'
rehabilitation; P.A. 91-32 designated existing section as Subsec. (a), made technical changes and added Subsecs. (b) and
(c), re method of financing cost of rehabilitation division and re director's powers; P.A. 91-339 amended Subsec. (a) by
requiring that the director be appointed by the chairman of the workers' compensation commission, that the chairman
approve the establishment of fees and that the director report to the chairman, and by authorizing the chairman to adopt
regulations, deleted Subsec. (b), redesignated Subsec. (c) as Subsec. (b) and made technical changes; P.A. 95-265 amended
Subsec. (a) by eliminating the Division of Workers Rehabilitation and the full-time salaried director, transferring to Workers
Compensation Commission chairman the authority to establish rehabilitation programs, and to cap funds appropriated for
rehabilitation program to no more than five hundred fifty thousand dollars and made technical corrections in Subsec. (b),
effective July 1, 1995; P.A. 96-216 amended Subsec. (a) to make a technical correction concerning approval of the chairman
before establishing fees and removed the limitation on the amount of funds used as grants to implement the section, effective
June 4, 1996.
Cited. 223 C. 376, 378, 380.
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(1967, P.A. 569, S. 2, 3; 1971, P.A. 335; 1972, P.A. 294, S. 33; P.A. 77-119, S. 2; P.A. 79-376, S. 41; P.A. 81-469, S.
4, 8; P.A. 85-189, S. 2; P.A. 91-32, S. 40, 41; 91-339, S. 52, 55.)
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(1971, P.A. 639, S. 1.)
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(1971, P.A. 639, S. 8.)
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(b) Sufficient funding for the establishment and maintenance of the Workers' Compensation Statistical Division shall be supplied from the Administrative Costs Fund, as
provided in section 31-345.
(P.A. 81-407, S. 1−5; P.A. 91-339, S. 9, 55.)
History: P.A. 91-339 amended Subsec. (a) by adding provisions re full-time director and deleted Subsecs. (c) and (d)
which had required formation of plan for efficient use of statistical division in compiling information and had established
an advisory panel.
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(P.A. 82-94, S. 1, 3; P.A. 90-116, S. 4; P.A. 91-32, S. 6, 41; 91-339, S. 10, 55; P.A. 95-265, S. 2, 7.)
History: P.A. 82-94, S. 1, effective July 1, 1983; P.A. 90-116 added the provision of training and information for medical
professionals in workers' compensation among the division's responsibilities; P.A. 91-32 designated existing section as
Subsec. (a), made technical changes and added Subsec. (b) re method of financing costs of division of worker education;
P.A. 91-339 added requirement that the director report to the chairman of the workers' compensation commission, deleted
Subsec. (b) re method of financing division operating expenses and programs and made technical changes; P.A. 95-265
eliminated the Division of Worker Education and the full-time salaried director, effective July 1, 1995.
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(P.A. 82-94, S. 2, 3; P.A. 85-189, S. 3; P.A. 91-32, S. 40, 41; 91-339, S. 52, 55.)
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EMPLOYERS' LIABILITY
(b) Each employer who does not furnish to the chairman of the Workers' Compensation Commission satisfactory proof of his solvency and financial ability to pay directly
to injured employees or other beneficiaries compensation provided by this chapter shall
insure his full liability under this chapter, other than his liability for assessments pursuant
to sections 31-345 and 31-354 in one of the following ways: (1) By filing with the
Insurance Commissioner in form acceptable to him security guaranteeing the performance of the obligations of this chapter by the employer; or (2) by insuring his full liability
under this part, exclusive of any liability resulting from the terms of section 31-284b,
in any stock or mutual companies or associations that are or may be authorized to take
such risks in this state; or (3) by any combination of the methods provided in subdivisions
(1) and (2) of this subsection as he may choose, subject to the approval of the Insurance
Commissioner. If the employer fails to comply with the requirements of this subsection,
an employee may bring an action against such employer for damages on account of
personal injury sustained by such employee arising out of and in the course of his employment or on account of death resulting from personal injury so sustained, except that
there shall be no liability under this section to an individual on the part of the employer
if such individual held himself out to the employer as an independent contractor and
the employer, in good faith, relied on that representation as well as other indicia of such
status and classified such individual as an independent contractor. In case of an alleged
noncompliance with the provisions of this subsection, a certificate of noncompliance
under oath, by the chairman of the Workers' Compensation Commission, shall constitute
prima facie evidence of noncompliance.
(c) Each employer who does not furnish to the chairman of the Workers' Compensation Commission satisfactory proof of his solvency and financial ability to pay directly
to the State Treasurer the assessments required in sections 31-345 and 31-354 shall
insure his full liability for the assessments in one of the following ways: (1) By filing
with the Insurance Commissioner in form acceptable to him security guaranteeing the
payment of the assessments by the employer; (2) by insuring his full liability for the
assessments in any stock or mutual companies or associations that are or may be authorized to take such risks in this state; or (3) by any combination of the methods provided
in subdivisions (1) and (2) of this subsection as he may choose, subject to the approval
of the Insurance Commissioner. The payment of the assessments required under sections
31-345 and 31-354 is a condition of doing business in this state and failure to pay the
assessments, when due, shall result in the denial of the privilege of doing business in
this state or to self-insure under subsections (b) and (c) of this section. If the liability
for the assessments is insured, the insurance shall be by endorsement to a policy meeting
all of the requirements of the Insurance Commissioner, or by a separate policy insuring
the liability for the assessments, and otherwise meeting all of the requirements of the
Insurance Commissioner. In the case of any employer who files acceptable security
guaranteeing the liability for the assessments, failure to pay the assessments, when due,
shall result in the denial of the privilege to self-insure under subsections (b) and (c) of
this section.
(d) Any employer to whom a certificate of self-insurance has been issued pursuant
to this section who fails or is unable to pay any compensation mandated by the provisions
of this chapter, thereby requiring payment from the Second Injury Fund pursuant to
section 31-355, shall be prohibited from self-insuring his liability under this chapter for
a period of ten years from the date of the payment. The employer shall be required during
the ten-year period to insure his full liability under this part, exclusive of any liability
resulting from the terms of section 31-284b, in any stock or mutual companies or associations that are or may be authorized to take such risks in this state. Failure to so insure
his liability shall result in the denial of the privilege of doing business in this state.
(e) Whenever an employer fails to comply with the requirements of subsection (b)
of this section, the Attorney General may bring a civil action in the superior court for
the judicial district of Hartford to enjoin the employer, until such time as he fully complies with such requirements, from entering into any contracts of employment as a result
of which he will employ additional employees.
(f) Each employer subject to the provisions of this chapter shall post, in a conspicuous place, a notice of the availability of compensation, in type of not less than ten-point
boldface. The notice shall contain, at a minimum, the information required by regulations
adopted pursuant to section 31-279.
(1949 Rev., S. 7417, 7418, 7419, 7453, 7461; 1949, S. 3038d, 3050d; 1958 Rev., S. 31-148, 31-149, 31-150, 31-180,
31-189; 1959, P.A. 580, S. 1−3, 15, 17, 20, 21; 1961, P.A. 491, S. 10; 1967, P.A. 842, S. 4; P.A. 77-614, S. 163, 610; P.A.
80-482, S. 202, 348; P.A. 82-398, S. 2; P.A. 85-184, S. 2; 85-189, S. 1; 85-349, S. 1; P.A. 86-165; 86-403, S. 64, 132; P.A.
88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 91-32, S. 7, 41; 91-339, S. 11, 55; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4−6;
P.A. 96-65, S. 1; 96-216, S. 2, 5.)
History: 1959 act increased fine from one hundred to two hundred fifty dollars, required that fines be paid over to
second injury and assurance fund or its successor and replaced references to specific sections, parts, etc. with references
to chapter; 1961 act entirely replaced previous provisions; 1967 act added proviso protecting employee's right to secure
additional benefits from employer in Subsec. (a); P.A. 77-614 placed insurance commissioner within the department of
business regulation and made insurance department a division within that same department, effective January 1, 1979;
P.A. 80-482 reinstated insurance division as an independent department with commissioner as its head following abolition
of department of business regulation; P.A. 82-398 excluded liability resulting from terms of Sec. 31-284b in Subsec. (b)(2);
P.A. 85-184 amended Subsec. (b) to require that proof of solvency be filed by employers with the board of compensation
commissioners, rather than with an individual commissioner; P.A. 85-189 added Subsec. (c), which establishes the liability
of employers for the assessments required for the various funds under workers' compensation, and permits the purchasing
of insurance for such liabilities; P.A. 85-349 added Subsec. (d), which prohibits employers from self-insuring their workers'
compensation liability for ten years if payment from the second injury fund has been required; P.A. 86-165 added Subsec.
(e), empowering the attorney general to bring a civil action to enjoin any employer who doesn't comply with the issuance
requirements of the section from entering into new employment contracts; P.A. 86-403 made technical change in Subsec.
(c); P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September
1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 91-
32 made technical changes and added Subsec. (f) re notice of the availability of compensation; P.A. 91-339 changed "board
of compensation commissioners" to "chairman of the workers' compensation commission" and made technical changes;
P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14,
1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective
July 1, 1995; P.A. 96-65 amended Subsec. (a) to exempt employers who comply with the requirements of Subsec. (b) from
liability and amended Subsec. (b) to allow an employee to bring an action against an employer who fails to comply with
the subsection, replacing provision imposing one-thousand-dollar fine; P.A. 96-216 amended Subsec. (b) to change the
penalty for an employer from a fine to the penalties in Subsecs. (c) and (d) of Sec. 31-288, effective June 4, 1996, but
failed to take effect, P.A. 96-65 having deleted the penalty provision in its entirety.
Annotations to former statutes:
Former statute which applied to employers of five or more employees. "Serious and wilful misconduct" defined. 98
C. 597. Does not include failure to take shelter during a blast; 93 C. 60; nor trying to jump on a moving truck; 93 C. 589;
nor going on a scaffold though subject to vertigo; 97 C. 55; nor driving auto 35 to 40 miles an hour; 98 C. 548; nor
disobedience of safety rules by an ignorant woman. 98 C. 600. Cited. 112 C. 462; 114 C. 130; 116 C. 96; 125 C. 297; 126
C. 275; 128 C. 611; 129 C. 534; 130 C. 259; 131 C. 157; id., 246; 133 C. 308; id., 644. The claimant will have sustained
the burden of proof of five or more employees if it does not appear that the condition exists upon which exemption for
less than five rests. 125 C. 22. Number employed relates to group; not number during period. 117 C. 496. When arises out
of and in the course of employment. 109 C. 178; 122 C. 343; 127 C. 248; id., 528; 132 C. 563; 133 C. 78. When injured
after return to way necessary to go, even if there had been a prior departure, entitled to compensation. 109 C. 378. When
horseplay considered to arise out of employment. Id., 473. What constitutes serious and wilful misconduct. 124 C. 409.
Burning while washing overalls of fellow employee considered to arise out of the course of employment. 127 C. 248.
Going to picnic, while being paid, injury arises out of employment. 110 C. 384. Drowning on route chosen by employee.
114 C. 519. Store manager killed by robbers while mailing employer's report on way home. 115 C. 665. Permitted smoking
in overtime. 112 C. 635; 132 C. 279. Employer contracts to furnish transportation; injury occurring on way to place of
employment arose out of employment. 125 C. 238. Arises out of employment when using own car on employer's business.
118 C. 295; 132 C. 388. Injury on afternoon off not compensable. 128 C. 488. Arises out of when traveling salesman is
injured while on highway. 111 C. 532. When does not arise out of employment. 111 C. 365; id., 655. When injured on
highway does not arise out of employment unless it arises in course of it. 123 C. 327. Accident while crossing railroad
adjacent to employer's plant not always compensable. 122 C. 129. Arose in course of, but did not arise out of. 130 C. 8.
May arise before work begins or after it ceases. 125 C. 238. Sunstroke is personal injury. 125 C. 380. Heat exhaustion
must be special hazard. 113 C. 721. Cerebral thrombosis not chargeable to employment. 123 C. 327. Coronary occlusion
not caused by employment. 127 C. 717. Two back injuries; compensated for first; returned to light work at full wages;
injured again in employ of another; second employer liable. 123 C. 188. Burden of proof on claimant. 130 C. 1. Wilful
misconduct. 118 C. 312. Walking beside truck as it proceeds up mountain. Id. Worker in federal relief program not employee.
123 C. 504. Apportionment for aggravation not applicable to death cases. 114 C. 389. Burden on respondent to show fact
that he is only liable for aggravation. Id. Finding that head injury causing death arose out of employment sustained. 139
C. 215. Cited. 141 C. 539; 143 C. 77.
Minor employed in violation of law is nonetheless an employee and as such is denied the right to obtain damages from
his employer; he may recover under the workmen's compensation act. 12 CS 304. Effect of intoxication of employee
discussed. 17 CS 246.
(1958 Rev., S. 31-148.) General consideration; when within act. 109 C. 178. Cited. 111 C. 236. Injured while traveling
on duty. 123 C. 327.
(1958 Rev., S. 31-149.) Cited. 111 C. 236. Injured compensation claimant may sue fellow employee responsible for
injuries. 115 C. 117. When one is not "casual". 122 C. 185. Exception of employer "having regularly less than five
employees" construed.
(1949 Rev., S. 7418.) 125 C. 22.
(1958 Rev., S. 31-150.) Proper method of pleading, in a civil action for damages, the fact that the plaintiff is covered
by the workmen's compensation act and therefore cannot sue at common law. 21 CS 240. This section is not a denial of
jurisdiction in the superior court, but is a destruction of an otherwise existent common-law right of action. Id.
(1958 Rev., S. 31-180.) Cited. 112 C. 468, 580; 113 C. 516; 116 C. 221; 122 C. 192; 125 C. 259.
(1958 Rev., S. 31-189.) In the original act an employer of less than five was under Part B. By failing to comply with
Sec. 31-180 he exposed himself to suit at law, but it did not take away from employee his right to claim compensation. 89
C. 168. Cited. 112 C. 468; 122 C. 192.
Annotations to present section:
An employee seeking workmen's compensation has burden of proving that he sustained an injury, not merely in the
course of his employment, but arising out of, that is, caused by his employment. 150 C. 328. Burden of proving injury
sustained in course of employment on claimant. 151 C. 430. Cited. 153 C. 410; 156 C. 280, 281. Persons employed by
board of education deemed town employees. 164 C. 65. Summary judgment for defendant employer sustained where
plaintiff employee, injured while parking his car in the employees parking lot by a fellow employee driving the employer's
truck, had claimed and been paid benefits pursuant to Workmen's Compensation Act. 167 C. 621. Cited. 169 C. 646, 653.
Cited. 175 C. 174, 182. To be compensable, injury must, inter alia, occur while employee is reasonably fulfilling duties
of employment or engaged in activity incidental to it. Activity is incidental if regularly engaged in on employer's premises
within period of employment, with employer's approval and acquiescence. 176 C. 547−563. Cited. 178 C. 371−373, 375,
376; 179 C. 662, 665. Cited. 183 C. 508, 509, 511. Cited. 185 C. 616, 619. Cited. 189 C. 671, 678; Id., 701, 705. Court
declined to extend an exception to the statute to include injuries to employees resulting from "intentional" or "wilful" or
"reckless" violation by employees of safety standards established pursuant to federal and state laws such as OSHA. 196
C. 91, 93, 96, 97, 99, 100, 106. Cited. 203 C. 34, 42, 43. Cited. 204 C. 104, 110. Cited. 206 C. 495−497. Cited. 212 C. 138,
146. Cited. Id., 427, 429, 430. Cited. Id., 814. Cited. 219 C. 439, 445, 448, 454, 455, 458, 460. Cited. 221 C. 465. Cited.
223 C. 336, 342, 348. Cited. 229 C. 99, 100, 107, 113. Cited. 237 C. 1, 9. Cited. 238 C. 285. Cited. 242 C. 255. Maximum
$10,000 penalty imposed on first-time offender who failed to obtain workers' compensation insurance coverage for single
employee within first two weeks of employee's engagement deemed excessive. 244 C. 781. Purpose. 245 C. 66.
Cited. 3 CA 16, 21. Cited. Id., 547, 548. Cited 5 CA 193, 195. By granting immunity to employees from loss of
consortium suits statute does not violate due process clause of federal or state constitutions. Id., 369−371, 375, 377. Cited.
7 CA 296, 297. Cited. 10 CA 618, 622. Cited. 15 CA 615, 621. Cited. 16 CA 660, 673. Bars receipt of uninsured motorist's
benefits by plaintiff in receipt of workers' compensation benefits from same circumstances. 19 CA 169−171. Cited. 24
CA 739, 742. Cited. 25 CA 492, 494, 495; judgment reversed, see 222 C. 744 et seq. Does not bar employee in receipt of
compensation benefits from also obtaining uninsured or underinsured motorist benefits reduced by compensation benefits
paid or payable. Id., 651, 653; judgment reversed, see 222 C. 769 et seq. Cited. 27 CA 800, 801. Cited. 30 CA 630−632.
Cited. 34 CA 521, 527. Cited. 44 CA 1. Cited. 46 CA 346.
Cited. 27 CS 280. Action in negligence, against insurer of employer who has paid compensation to plaintiff employee
for failure of insurer to inspect dangerous machinery in shop, is precluded by merger of identities of employer and insurer
and policy of workmen's compensation acts. 28 CS 1. Cited. 30 CS 126. An employer cannot be sued as a joint tortfeasor
by a third party whom his employee is suing for negligence, absent a separate contractual relation with third party. 31 CS
322. The Workmen's Compensation Act is not a bar to indemnity where such a right can be predicated on some legal
relationship between the third party and employer giving rise to a duty on the part of the employer to the third party which
is either contractually or tortiously breached. 32 CS 96, 102. Cited. 38 CS 359, 362; Id., 607, 608. Cited. 39 CS 408, 409.
Cited. 42 CS 168.
Subsec. (a):
Cited. 176 C. 320, 321. Cited. 179 C. 215−217, 220. Personal injuries are compensable under workers' compensation
when incurred while walking from employer-furnished transportation to employer-furnished lodging. Id., 501, 503, 507.
Cited. 183 C. 508, 509. Cited. 189 C. 550, 557. Cited. 196 C. 91, 98, 103, 108, 109. Cited. Id., 529−533, 544. Did not bar
plaintiff administrator's wrongful death action where minor illegally hired in violation of public policy. 203 C. 34, 38, 40,
43, 44. To the extent inconsistent overruled 131 C. 157. Id. Cited. Id., 324, 336, 337. Cited. 204 C. 104, 111. Cited. 205
C. 219, 221. Cited. 208 C. 589, 592. Cited. 209 C. 59, 62. Cited. 212 C. 138, 141, 143. Cited. Id., 427, 430. Cited. 218 C.
531, 553. Cited. 219 C. 439, 445, 455, 460. Cited. 220 C. 721, 729. Cited. 221 C. 356, 366−368; Id., 465, 466, 469−471.
Construing uninsured motorist coverage as "exception" to workers' compensation act is irreconcilable with language of
section. Judgment of appellate court in Bouley v. Norwich, 25 CA 492 reversed. 222 C. 744−746, 750−756, 758−764.
Section bars work-related claim for uninsured motorist benefits under insurance policy procured by employer including
employer's personal automobile liability insurance. Judgment of appellate court in CNA Ins. Co. v. Colman, 25 CA 651
reversed. Id., 769−774. Cited. Id., 775, 776. Cited 223 C. 917. Cited. 226 C. 282, 298. Cited. Id., 404−406. Cited. 227 C.
333, 349, 358. Cited. 229 C. 99, 100, 106. Cited. 234 C. 51, 65. Cited. 235 C. 790, 792. Employee not barred from recovering
uninsured motorist coverage benefits against employer's insurer in regard to accident occurring prior to effective date of
P.A. 93-297. 238 C. 285. P.A. 93-297 cited. Id. Cited. 240 C. 694.
Cited. 2 CA 363, 373. Cited. 3 CA 40, 42. Cited. 5 CA 369−373, 375, 377. Cited. 6 CA 60, 71. Cited. 16 CA 660, 673.
Cited. 24 CA 739, 743. Cited. 27 CA 800, 801, 807, 809. Cited. 28 CA 660, 665, 666. Cited. 30 CA 630, 633. Cited. 32
CA 16, 19. Cited. 44 CA 1. Cited. 45 CA 324. Cited. 46 CA 699. Employee is barred from bringing negligence claim
against employer. 52 CA 1.
Not a bar to an action for indemnification by a bailee against an employer where the action is based on breach of a
warranty of fitness under the bailment contract. 32 CS 210. Cited. 32 CS 213. Breach of an independent duty is sufficient
to overcome the defense based on the Workmen's Compensation Act. 32 CS 214. In absence of special relationship,
workmen's compensation is the exclusive remedy against an employer. 35 CS 268, 272, 273. Cited. 38 CS 324, 325. Cited
39 CS 250, 252, 254.
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(b) The Commissioner of Administrative Services shall adopt regulations, in accordance with the provisions of chapter 54, which establish the fees payable by this state
for its employees under the provisions of this chapter, based on the medical procedure,
combination of procedures or diagnosis of the patient, provided the fee schedule shall
not apply to services rendered to a claimant who is participating in the state's managed
care plan. The regulations shall limit annual growth in total medical fees payable by the
state to no more than the annual percentage increase in the consumer price index for all
urban workers. Said commissioner may exclude from participation in the state workers'
compensation managed care program any medical provider found, through a systematic
program of utilization review, to exceed generally accepted standards of the scope,
duration or intensity of services rendered to patients with similar diagnostic characteristics. The state shall not make any payment to a facility owned in whole or in part by the
referring practitioner.
(P.A. 81-469, S. 1, 8; P.A. 93-228, S. 5, 35.)
*"An Act Making Appropriations for the Expenses of the State for the Fiscal Year Ending June 30, 1982." Since this
was a special act it has not been codified.
History: P.A. 93-228 added Subsec. (b) re commissioner of administrative services' regulatory power and designated
existing language as Subsec. (a), effective July 1, 1993.
Cited. 220 C. 915; Id., 920.
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(b) An employer may provide such equivalent accident and health or life insurance
coverage or welfare plan payments or contributions by: (1) Insuring his full liability
under this section in any stock or mutual companies or associations that are or may be
authorized to take such risks in this state; (2) creating an injured employee's plan as an
extension of any existing plan for working employees; (3) self-insurance; or (4) by
any combination of the methods provided in subdivisions (1) to (3), inclusive, of this
subsection that he may choose.
(c) In the case of an employee welfare plan, an employer may provide equivalent
protection by making payments or contributions for such hours of contributions established by the trustees of the employee welfare plan as necessary to maintain continuation
of such insurance coverage when the amount is less than the amount of regular hourly
or weekly contributions for full-time employees.
(d) In any case where compensation payments to an individual for total incapacity
under the provisions of section 31-307 continue for more than one hundred four weeks,
the cost of accident and health insurance or life insurance coverage after the one-hundred-fourth week shall be paid out of the Second Injury Fund in accordance with the
provisions of section 31-349.
(e) Accident and health insurance coverage may include, but shall not be limited
to, coverage provided by insurance or directly by the employer for the following health
care services: Medical, surgical, dental, nursing and hospital care and treatment, drugs,
diagnosis or treatment of mental conditions or alcoholism, and pregnancy and child care.
(P.A. 82-398, S. 3; P.A. 86-403, S. 99, 132; P.A. 91-32, S. 8, 41; 91-339, S. 12.)
History: P.A. 86-403 made technical change in Subsec. (b), substituting "mutual" for "municipal" companies; P.A. 91-
32 added definition of "income" to Subsec. (a) and made technical changes; P.A. 91-339 changed "employee welfare fund"
to "employee welfare plan", added a definition of the latter term in Subsec. (a) and deleted the reference to Sec. 31-53 in
Subsec. (a).
Cited. 214 C. 552, 558. Cited. 219 C. 439, 444. Cited. 223 C. 376, 379, 383. Court found no legislative intent to mandate
transfer of liability for this section's benefits to the fund as "compensation" under Sec. 31-349 in case of employee with
preexisting impairment. 231 C. 287, 289−300.
Cited. 16 CA 660, 673. Dependents' benefits are part of workers' income to be maintained by employer. 24 CA 234−
237, 239. Cited. 40 CA 409, 412. Cited. 44 CA 397.
Subsec. (a):
Cited. 214 C. 394−399. 223 C. 376, 377, 380, 381. Cited. 231 C. 287, 299.
Cited. 24 CA 234, 238.
Subsec. (b):
Authorizes employer to meet its workers' compensation obligations under Ch. 568 by enumerated methods, including
self-insurance. 247 C. 442.
Subsec. (d):
Cited. 231 C. 287, 297.
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(P.A. 82-398, S. 5; P.A. 91-339, S. 13.)
History: P.A. 91-339 required the commissioner to send each party a written copy of his findings and changed "employee
welfare fund" to "employee welfare plan".
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(1949 Rev., S. 7452; 1958 Rev., S. 31-179; 1961, P.A. 491, S. 25; P.A. 77-614, S. 163, 610; P.A. 78-280, S. 6, 127;
P.A. 80-482, S. 203, 348; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4−6.)
History: 1961 act entirely replaced previous provisions; P.A. 77-614 made insurance department a division within the
department of business regulation with insurance commissioner as its head, effective January 1, 1979; P.A. 78-280 replaced
"Hartford county" with "judicial district of Hartford-New Britain"; P.A. 80-482 reinstated insurance division as independent department with insurance commissioner as its head following abolition of department of business regulation; P.A.
88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1,
1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142
changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A.
95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Cited. 169 C. 646, 653.
Cited. 23 CS 298.
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(1949 Rev., S. 7462; 1958 Rev., S. 31-182; 1961, P.A. 491, S. 42; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 204, 348.)
History: 1961 act entirely replaced previous provisions; P.A. 77-614 made insurance department a division within the
department of business regulation with commissioner as its head, effective January 1, 1979; P.A. 80-482 restored insurance
division as independent department and abolished department of business regulation.
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(b) On and after October 1, 1986, no state department, board or agency may renew
a license or permit to operate a business in this state unless the applicant first presents
sufficient evidence of current compliance with the workers' compensation insurance
coverage requirements of section 31-284.
(c) This section shall not be construed to create any liability on the part of the
state or any political subdivision thereof to pay workers' compensation benefits or to
indemnify the Second Injury Fund, any employer or any insurer who pays workers'
compensation benefits.
(d) For purposes of this section, "sufficient evidence" means (1) a certificate of
self-insurance issued by a workers' compensation commissioner pursuant to section 31-
284, or (2) a certificate of compliance issued by the Insurance Commissioner pursuant
to section 31-286, or (3) a certificate of insurance issued by any stock or mutual insurance
company or mutual association authorized to write workers' compensation insurance
in this state or its agent.
(P.A. 86-87; P.A. 91-207, S. 2, 9.)
History: P.A. 91-207 made a technical change to fund's name in Subsec. (c).
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(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 Workers' Compensation Commissioner
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.)
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 one hundred thousand dollar limitation and property
owner certification requirement and added Subsec. (b), defining "proof of workers' compensation coverage", effective
June 4, 1996.
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(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; 125 C. 31. No reformation of policy where no mistake shown. 120 C. 503.
This statute has no application to employer liability imposed by special bonus legislation unrelated to traditional workers'
compensation concepts. 178 C. 664, 674.
Cited. 37 CA 835, 844.
Cited. 28 CS 4.
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(b) Whenever (1) through the fault or neglect of an employer or insurer, the adjustment or payment of compensation due under this chapter is unduly delayed, or (2) either
party to a claim under this chapter has unreasonably, and without good cause, delayed
the completion of the hearings on such claim, the delaying party or parties may be
assessed a civil penalty of not more than five hundred dollars by the commissioner
hearing the claim for each such case of delay. Any appeal of a penalty assessed pursuant
to this subsection shall be taken in accordance with the provisions of section 31-301.
(c) Whenever an investigator in the investigations unit of the office of the State
Treasurer, whether initiating an investigation at the request of the custodian of the Second Injury Fund, the Workers' Compensation Commission, or a commissioner, finds
that an employer is not in compliance with the insurance and self-insurance requirements
of subsection (b) of section 31-284, such investigator shall issue a citation to such employer requiring him to obtain insurance and fulfill the requirements of said section and
notifying him of the requirement of a hearing before the commissioner and the penalties
required under this subsection. The investigator shall also file an affidavit advising the
commissioner of the citation and requesting a hearing on such violation. The commissioner shall conduct a hearing, after sufficient notice to the employer and within thirty
days of the citation, wherein the employer shall be required to present sufficient evidence
of his compliance with said requirements. Whenever the commissioner finds that the
employer is not in compliance with said requirements he shall assess a civil penalty of
not less than five hundred dollars per employee or five thousand dollars, whichever is
less and not more than fifty thousand dollars against the employer.
(d) In addition to the penalties assessed pursuant to subsection (c) of this section,
the commissioner shall assess an additional penalty of one hundred dollars for each day
after the finding of noncompliance that the employer fails to comply with the insurance
and self-insurance requirements of subsection (b) of section 31-284. Any penalties assessed under the provisions of this subsection shall not exceed fifty thousand dollars in
the aggregate.
(e) The chairman of the Workers' Compensation Commission shall notify the State
Treasurer and the Attorney General of the imposition of any penalty, the date it was
imposed, the amount and whether there has been an appeal of said penalty. Any civil
penalty order issued pursuant to subsection (c) or (d) of this section shall state that
payment shall be made to the Second Injury Fund of the State Treasurer, and that failure
to pay within ninety days may result in civil action to double the penalty. The State
Treasurer shall collect any penalty owed, and if the penalty is not paid within ninety
days, the State Treasurer shall notify the chairman of the Workers' Compensation Commission and the Attorney General so that civil action may be brought pursuant to section
31-289. Any appeal of a penalty assessed pursuant to the provisions of subsections (c)
and (d) of this section shall be taken in accordance with the provisions of section 31-
301. The chairman shall adopt regulations for the commissioners to use in setting fines
which shall require the commissioners to take into account the nature of the employer's
business and his number of employees.
(f) When any employer knowingly and wilfully fails to comply with the insurance
and self-insurance requirements of subsection (b) of section 31-284, such employer, if
he is an owner, in the case of a sole proprietorship, a partner, in the case of a partnership,
a principal, in the case of a limited liability company or a corporate officer, in the case
of a corporation, shall be guilty of a class D felony.
(g) Any employer who, with the intent to injure, defraud or deceive any insurance
company insuring the liability of such employer under this chapter, (1) knowingly misrepresents one or more employees as independent contractors, or (2) knowingly provides
false, incomplete or misleading information to such company concerning the number
of employees, for the purpose of paying a lower premium on a policy obtained from
such company, shall be guilty of a class D felony.
(1961, P.A. 491, S. 11; P.A. 84-299, S. 1; P.A. 86-174, S. 1; P.A. 93-228, S. 6, 35; 93-419, S. 7, 9; P.A. 95-277, S. 1,
19; P.A. 96-267, S. 26.)
History: P.A. 84-299 added Subsec. (b), providing for penalties of up to five hundred dollars for each case by a party
of undue delay in the completion of hearings or the adjustment or payment of compensation; P.A. 86-174 added Subsec.
(c), establishing a civil penalty to be assessed against employers who don't comply with the insurance requirements of
Sec. 31-284; P.A. 93-228 added Subsec. (d) to provide that employer which defrauds its workers' compensation insurance
carrier for the purpose of paying a lower premium is guilty of a class D felony, effective July 1, 1993; P.A. 93-419 made
technical changes in Subsec. (b), effective July 1, 1993; P.A. 95-277 amended Subsec. (c) to provide for specific procedures,
penalties and hearings associated with the failure of an employer to comply with insurance and self-insurance requirements,
to make assessment of civil penalty mandatory, to impose minimum penalty of not less than five hundred dollars per
employee or five thousand dollars whichever is less and to increase maximum penalty from ten thousand to fifty thousand
dollars, inserted new Subsecs. (d) re additional penalty after the noncompliance finding, (e) re monthly transfer of penalty
funds by the chairman of the Workers' Compensation Commission to the custodian of the Second Injury Fund, appeal
procedure and regulations to use in setting fines, and (f) classifying knowing and wilful violations as a class D felony and
relettered the existing Subsecs. (d) to (f), effective July 1, 1995; P.A. 96-267 amended Subsec. (e) to require the chairman
to notify the State Treasurer and Attorney General when penalties are imposed and when penalties are not paid within ninety
days to give notice of the prescribed method of payment and to give notice of potential double penalties for nonpayment.
See Sec. 52-570e re action for damages resulting from violation of chapter.
Cited. 7 CA 142, 148.
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(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.
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(b) An affidavit sworn to or affirmed by the chairman of the Workers' Compensation
Commission, or by the commissioner who imposed the civil penalty referred to in the
affidavit, stating the name of the commissioner 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 commissioner, certified by said chairman or by the commissioner having custody
of the records, containing the name of the commissioner 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.)
History: P.A. 91-339 changed "board of compensation commissioners" to "workers' compensation commission" and
changed "workers' compensation commissioner" to "commissioner".
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(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".
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(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.
Subsec. (b):
In making award under this subsec., commissioner required to make "due allowance" under Sec. 31-314 for any sum
paid by employer. 49 CA 66.
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(b) Any employee who is so discharged or discriminated against may either: (1)
Bring a civil action in the superior court for the judicial district where the employer has
its principal office for the reinstatement of his previous job, payment of back wages and
reestablishment of employee benefits to which he would have otherwise been entitled
if he had not been discriminated against or discharged and any other damages caused
by such discrimination or discharge. The court may also award punitive damages. Any
employee who prevails in such a civil action shall be awarded reasonable attorney's
fees and costs to be taxed by the court; or (2) file a complaint with the chairman of the
Workers' Compensation Commission alleging violation of the provisions of subsection
(a) of this section. Upon receipt of any such complaint, the chairman shall select a
commissioner to hear the complaint, provided any commissioner who has previously
rendered any decision concerning the claim shall be excluded. The hearing shall be held
in the workers' compensation district where the employer has its principal office. After
the hearing, the commissioner shall send each party a written copy of his decision. The
commissioner may award the employee the reinstatement of his previous job, payment
of back wages and reestablishment of employee benefits to which he otherwise would
have been eligible if he had not been discriminated against or discharged. Any employee
who prevails in such a complaint shall be awarded reasonable attorney's fees. Any party
aggrieved by the decision of the commissioner may appeal the decision to the Appellate
Court.
(P.A. 84-300, S. 1, 2.)
Cited. 216 C. 40−42, 48, 49, 51−53, 56, 58, 60−64. Cited. 219 C. 1−3, 6, 7, 10. Cited. 221 C. 356, 358. Cited. 226 C.
475, 476, 479, 481, 484, 486−488, 491.
Cited. 24 CA 362−367, 369. Cited. 28 CA 660, 662. Cited. 33 CA 490−492. Cited. 34 CA 708−713. Cited. 40 CA 577,
586. Cited. 43 CA 1. Reaffirmed prior rulings that plaintiff has burden of proving discrimination by a fair preponderance
of the evidence. 52 CA 570.
Subsec. (a):
Cited. 24 CA 362, 363, 365. Cited. 33 CA 490. Cited. 34 CA 708. Section contains no requirement that any particular
word be used in terminating an employee's employment. Standard for proof of a retaliatory discharge. 49 CA 66.
Subsec. (b):
Cited. 216 C. 40, 59, 62, 63. Subdiv. (1) cited. Id., 40, 64. Subdiv. (2) cited. Id. Cited. 219 C. 1, 15; Id., 314, 325.
Subdiv. (1) cited. 232 C. 91, 114. Subdiv. (2) cited. Id.
Cited. 24 CA 362, 364. Cited. 33 CA 490, 491. Subdiv. (2) cited. Id., 490, 491, 493, 494. Subdiv. (1) cited. Id., 490,
494. Cited. 34 CA 708, 710. Subdiv. (2) cited. 41 CA 116, 118, 119. Subject matter jurisdiction cannot be waived by
consent and therefore a stipulation between plaintiff and defendant cannot deprive commissioner of jurisdiction over
plaintiff's claim. 49 CA 114.
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(P.A. 85-602, S. 1, 4; P.A. 90-244, S. 2.)
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(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.
Subsec. (a):
Cited. 45 CA 324.
Subsec. (b):
Cited. 45 CA 324.
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(b) The workers' compensation fraud unit shall submit a quarterly report detailing
its activities to the chairman 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.)
History: P.A. 00-211 amended Subsec. (b) to require quarterly reports to be submitted to the Insurance Commissioner.
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.
WORKERS' COMPENSATION
Workers' compensation act, Secs. 31-291−31-355a cited. 15 CA 381, 382, 384; 21 CA 270, 271, 273, 274; judgment
reversed, see 218 C. 19 et seq.
(1949 Rev., S. 7423; 1958 Rev., S. 31-154; 1961, P.A. 491, S. 13; P.A. 88-226, S. 1, 2.)
History: 1961 act entirely replaced previous provisions; P.A. 88-226 added the provision limiting the immunity for
principal employers.
Section makes each one of a chain of contractors liable to the employee. He need not sue his immediate employer first.
99 C. 353. One who lets out by contract the construction of an entire building is not a "principal employer"; aliter, if he
gives out parts to different contractors. 101 C. 34. Conditions to liability of principal employer. 106 C. 113; 107 C. 191.
When one is an employee and not a contractor. 124 C. 409; id., 433. Independent contractor not subject to control of
employer. 123 C. 320. Independent contractor not servant at time of injury. 126 C. 379. General contractor may recover
from subcontractor sum which he has been compelled to pay under act to an employee of the latter. 110 C. 221. Work held
not "part or process of" employer's trade or business. 129 C. 44; id., 636. General contractor liable for death of employee
of subcontractor; both may be held jointly liable. 109 C. 39. Question of whether one is a principal employer is largely
one of degree and fact. 114 C. 126. Relationship of principal employer and contractor did not exist. 127 C. 316; 132 C.
81. Collection of rubbish part of business of city. 114 C. 546. Principal employer liable for compensation cannot be sued
at common law. 122 C. 188. Principal employer not liable for compensation as injury did not occur on premises under its
control, although work was part or process of trade or business. 125 C. 109; id., 728. Work not done in, on or about premises
under control of defendant. 130 C. 256. Work held "part or process of" employer's trade or business. 130 C. 385. Cited.
118 C. 368; 119 C. 224; 123 C. 320; 124 C. 230; 125 C. 265; 129 C. 593; 131 C. 246; 134 C. 468; 135 C. 500. No distinction
between "contractor" and "independent contractor" as used in this section. 135 C. 294. Emphasis is on area rather than
actual control of implements which caused accident. 136 C. 529. Work not a part or process in trade or business of defendant.
136 C. 698. Cited. 138 C. 77. If work is of such a character that it ordinarily or appropriately would be performed by
principal employer's own employees in the furtherance of his business, or as an essential part in the maintenance thereof,
it is a part or process of his work. Id., 569. Work held not a part or process in trade or business of principal employer. Id.,
646. Special purpose of section is to protect employees of minor contractors against irresponsibility of immediate employers
by making principal contractor liable where three conditions of statute are met. 154 C. 611. Cited. 166 C. 298. Cited. 189
C. 701, 705. Not unconstitutional within provisions of section 1 of article first of the Connecticut Constitution. 212 C.
427−434. Cited. 226 C. 508, 513, 514.
Cited. 6 CA 60, 71. Cited. 10 CA 261−263. Cited. 15 CA 806, 808. Purpose. 48 CA 449. Specific meaning of "control". Id.
Where employee's injuries are compensable, it is improper under statute for the court or compensation commissioner
to determine question of liability between employer, contractor and subcontractor defendants. 1 CS 78. Remodeling and
installing fixtures as a "part or process in the trade or business" of a department store discussed. 9 CS 429. Where a third
person was permitted to conduct a nonprofit cafeteria for the convenience of employees, the cafeteria was not "a part or
process in the trade or business" of the employer. 12 CS 203. To satisfy statute, work must be carried on in some defined
physical area within observation of principal employer affording opportunity, by sufficient oversight, to prevent or minimize
danger. 27 CS 281. Cited. 30 CS 330. Cited. 42 CS 168−170.
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(P.A. 95-262, S. 1, 3.)
History: P.A. 95-262 effective July 6, 1995.
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(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. 114 C. 546. Construction of this section. 121 C. 640.
Cited. 22 CS 163.
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(b) When an injury for which compensation is payable under the provisions of this
chapter is determined to be the result of a motor vehicle accident or other accident or
circumstance in which a third person other than the employer was negligent and the
claim is subrogated by the employer or its workers' compensation insurance carrier, the
insurance carrier shall provide a rate adjustment to the employer's workers' compensation policy to reflect the recovery of any compensation paid by the insurance carrier
prior to subrogation.
(c) Notwithstanding the provisions of subsection (a) of this section, no construction
design professional who is retained to perform professional services on a construction
project, or any employee of a construction design professional who is assisting or representing the construction design professional in the performance of professional services
on the site of the construction project, shall be liable for any injury on the construction
project for which compensation is payable under the provisions of this chapter, unless
responsibility for safety practices is specifically assumed by contract. The immunity
provided by this subsection to any construction design professional shall not apply to
the negligent preparation of design plans or specifications. For the purposes of this
subsection "construction design professional" means (1) any person licensed as an architect under the provisions of chapter 390, (2) any person licensed, or exempted from
licensure, as an engineer under the provisions of chapter 391, or (3) any corporation
organized to render professional services through the practice of either or both of such
professions in this state.
(d) Notwithstanding the provisions of subsection (a) of this section, the furnishing
of or the failure to furnish safety inspections or safety advisory services (1) by an insurer
incident to providing workers' compensation insurance to an employer, (2) pursuant
to a contract providing for safety inspections or safety advisory services between an
employer and a self-insurance service organization incident to providing workers' compensation related services or (3) by a union representing employees of the employer,
shall not subject the insurer or self-insurance service organization or their agents or
employees, or the union, its members or the members of its safety committee, to third
party liability for damages for injury, death or loss resulting therefrom unless the liability
arises from a breach of a duty of fair representation of its members by a union. The
immunity from liability extended under this subsection shall not be extended to any
insurer or self-insurance service organization other than where the immunity is incident
to the provision of workers' compensation insurance or workers' compensation related
services.
(1949 Rev., S. 7425; 1949, 1951, S. 3040d; 1958 Rev., S. 31-156; 1961, P.A. 491, S. 15; 1967, P.A. 692, S. 4; 842, S.
27; P.A. 86-266, S. 1; P.A. 90-145; P.A. 91-32, S. 9, 41; 91-191, S. 2, 3; P.A. 93-228, S. 7, 35; P.A. 96-65, S. 2.)
History: 1961 act entirely replaced previous provisions; 1967 acts allowed employer to be party plaintiff in cases where
employee brings an action against a third party, specified that bringing action against employer does not constitute notice
and increased burial fee from five hundred to one thousand dollars; P.A. 86-266 added Subsec. (b), limiting the civil
liability of certain architects, engineers and their employees for injuries compensable under workers' compensation which
occur on construction projects; P.A. 90-145 added Subsec. (c) concerning limitations on the liability of insurers, self-
insurance service organizations and unions in relation to safety inspections and safety advisory services; P.A. 91-32 made
technical changes; P.A. 91-191 amended the definition of "compensation" in Subsec. (a) to include payments made under
Sec. 31-284b in certain cases; P.A. 93-228 amended Subsec. (a) to specify required contents of employees' complaints
against third parties and to give employers liens on judgments or settlements paid by third parties to employees, added
new Subsec. (b) to prohibit insurers from adjusting employers' workers' compensation insurance rates if payments made
by insurers will be recovered from negligent third party, and redesignated existing Subsecs. (b) and (c) as (c) and (d),
respectively, effective July 1, 1993; P.A. 96-65 amended Subsec. (a) to make technical changes for consistency and to
include references to the custodian of the Second Injury Fund and employers who fail to comply with Subsec. (b) of Sec.
31-284.
If employee settles with tortfeasor, employer may accept the settlement and have credit for the amount received. 92 C.
398. Right of an insurer to recover from tortfeasor who has settled with the employee direct. 101 C. 200. Form of judgment
in suit by both employee and employer against tortfeasor; "reasonable attorney's fee" may be nothing. 104 C. 507. That
employer was "subsidiary" of third party not a defense. 112 C. 510. Where employer pays compensation in death case, he
is entitled to reimbursement out of judgment obtained by administratrix from third party. 116 C. 91. Injured person who
receives compensation may still sue doctor for malpractice. 115 C. 563. Liability for compensation after judgment against
third party. 132 C. 671. Cited. 114 C. 130; 123 C. 514; 124 C. 230; 128 C. 521; 129 C. 637; 132 C. 545; 133 C. 448. Statute
applied where employee injured by fellow employee. 125 C. 293. Not necessary to make administratrix of deceased
employee a party. Employer's rights discussed. 136 C. 670. Cited. 143 C. 77. Contains no exception for a situation wherein
the employer is reimbursed from a judgment obtained against a third party tortfeasor. 144 C. 322. Cited. 150 C. 211.
Employer's time to intervene does not begin to run until notice of the action is given to him. 154 C. 708. By stipulation
approved by compensation commissioner employer effectively released "any further claims under the Workmen's Compensation Act" including right to recover from third parties. 157 C. 538. Cited. 160 C. 482. No standing to appeal on behalf
of plaintiff's employer's participation. 163 C. 365. Cited. 176 C. 622, 624. Cited. 181 C. 321−323; 182 C. 24, 26, 27, 30,
32. Cited. 183 C. 508, 510, 511. Cited. 192 C. 460, 471. Cited. 193 C. 59, 68. Cited. Id., 297, 299, 301. Cited. 204 C. 485−
490. Cited. 208 C. 589, 593. Notice in compliance with statute need not include information re right of intervention and
legal consequences of failure to intervene within statutory time period. 216 C. 533, 534, 536−541. Employer entitlement
to a credit for unknown future benefits against the net proceeds of a third party recovery discussed. 218 C. 19, 25−27.
Cited. Id., 46, 49. Cited. Id., 531, 573, 577, 578. Cited. 219 C. 439, 461. Cited. 222 C. 744, 747. Third party tortfeasor
may not raise the negligence of the employer as a special defense when employer has intervened in personal injury action
as party plaintiff in order to secure his statutory right to reimbursement of workers' compensation benefits. Id., 775, 778,
779. Cited. 224 C. 382, 387. Cited. 225 C. 915. Notice under section does not require specific reference to employment
relationship. 230 C. 100−105. Cited. Id., 914. Cited. 232 C. 918. Cited. 233 C. 251−253. Cited. 236 C. 330, 331, 334−336,
339, 340. Cited. 241 C. 170. Cited. 242 C. 375. In order for abatement provision to be invoked, notice given pursuant to
section must comport with both the statutory requirements and the due process clause. Id., 432. Section authorizes injured
employee to seek recovery from third party, other than employer, for work-related injuries caused by that third party. 247
C. 442.
Cited. 3 CA 450−453. Cited. 9 CA 194, 195. Cited. 11 CA 391−393. Cited. 15 CA 381, 383−385. Cited. 16 CA 138,
140. Cited. 18 CA 614−618. Cited. 21 CA 9, 14, 17; judgment reversed, see 218 C. 46 et seq. Cited. Id., 270; judgment
reversed, see 218 C. 19 et seq. Cited. 22 CA 539, 548; judgment reversed, see 219 C. 439 et seq. Cited. 24 CA 531, 533.
Cited. Id., 719−721. Cited. Id., 739, 753. Cited. 25 CA 492, 502; judgment reversed, see 222 C. 744 et seq. Cited. 29 CA
618, 620. Cited. 33 CA 422, 425, 430, 431. Cited. 34 CA 521−523, 525, 527, 529, 535. Cited. 36 CA 635−640; judgment
reversed, see 236 C. 330 et seq. Cited. 37 CA 423, 428. Because employer and its compensation insurance carrier did not
bring action pursuant to section they were not entitled to a credit and were obligated to pay plaintiff's hospital bill. 42 CA
200. Cited. 46 CA 712. Section does not entitle employer to make a claim against any benefits that might be due to an
employee under uninsured motorist provisions of employer's policy. 53 CA 452.
Since the right is a substantive one, it does not matter that the exact method prescribed by this section has not been
followed. 4 CS 5. Plaintiff employer is required to join as coplaintiff and if he does not, his right of action abates. 5 CS
108. Cited. 6 CS 152. Purpose of statute is fulfilled if the rights of the employer as well as the employees are determined
in one action and an allowance of a motion by the employer to join as a codefendant does not constitute a judgment or
settle a question of fact. 9 CS 68. Right of employer is not one for a wrong done to employee but one conferred by statute.
10 CS 508. Statute requires that employee give employer formal notice; it is not enough that the employer has knowledge
of the existence of a pending action. 12 CS 325. Available only to employer who has paid or is obligated to make payments
under this act. 17 CS 69. Defendant employer and its insurer are not required to intervene in employee's representative's
suit against the tortfeasor within the one year statutory period. 20 CS 30. Where employer brings action against third person
within time limited by statute and employee, within thirty days after institution of suit, has moved to join, fact that motion
was filed more than year after tortious act took place would not defeat motion. 23 CS 106. Cited. 27 CS 383, 384. Demurrer
to complaint sustained in third party action by employee against employer's insurance carrier. Duties under workmen's
compensation act merge identities of employer and his insurer. 28 CS 1. Cited. 30 CS 126. Statute contain no authorization
for suit against employee. 33 CS 661, 665. Time limitation, within which right must be enforced, is limitation of liability
itself and not of remedy alone. Id. "Shall abate" provision does not apply to employee's entire cause of action but only to
extent it has previously been prosecuted by employer; not required that defense be by plea in abatement. 35 CS 60, 61,
63−65. Comparative negligence of employee is a defense in an action by an employer against a third party. 36 CS 137,
139. Cited. Id., 317−319. Comparative negligence apportionment between employer and employee of sums received from
third party; public policy discussed. 39 CS 222−225, 228. Cited. 40 CS 165, 170.
Cited. 6 Conn. Cir. Ct. 671.
Subsec. (a):
Cited. 204 C. 485, 489. Cited. 211 C. 133, 137. Cited. 217 C. 631, 640. Cited. 218 C. 19, 20, 22−25. Employer credit
to extent of third party recovery may be awarded by workers' compensation commission. Id., 46, 47, 49, 50. Cited. Id.,
531, 532, 534, 538, 565−571, 573−580. Cited. 221 C. 465, 468. Cited. 222 C. 775, 777−780, 782. Cited. 224 C. 8, 18, 19.
Cited. 230 C. 100, 102, 105. Sec. 13a-149 does not bar employer from seeking reimbursement under this section. 231 C.
370, 372, 374−378. Cited. Id., 381, 389. Cited. 233 C. 251, 253. Judgment of appellate court in Rana v. Ritacco, 36 CA
635, reversed; language of section "does not indicate that service must have been completed before notice can be sent".
236 C. 330, 332−334, 336, 337, 340, 341. Cited. 241 C. 170. Does not apply to uninsured motorist coverage. 242 C. 375.
Cited. Id., 432. Applicable statute of limitations on underlying claim is tolled if employer receives notice of an employee's
timely filed action against a third party tortfeasor and intervenes within thirty-day period prescribed by statute. 246 C.
156. Employer has cause of action under this section that is separate and distinct from that of its injured employee. 247 C. 442.
Cited. 21 CA 9, 11−14, 17−19; judgment reversed, see 218 C. 46 et seq. Cited. Id., 270, 271, 273, 274; judgment
reversed, see 218 C. 19 et seq. Cited. 22 CA 27, 35; judgment reversed, see 217 C. 631 et seq. Cited. 24 CA 719, 721, 722.
Cited. 29 CA 618, 619, 622−627. Cited. 30 CA 263, 264. Cited. Id., 801. Cited. 33 CA 422, 424. Cited. 34 CA 521, 522,
524−531. Cited. 37 CA 423, 428. Cited. 41 CA 664, 666. Cited. 42 CA 200. Cited. 46 CA 712.
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(1967, P.A. 842, S. 5; 1969, P.A. 696, S. 4; P.A. 83-297; P.A. 84-22, S. 1, 2.)
History: 1969 act clarified provisions re actions against fellow employees and added provisions re insurance policies
and contracts; P.A. 83-297 provided that contractor's mobile equipment designed for use principally off public roads are
not "motor vehicles" for purposes of this section if the injuries involving the equipment occur at the worksite; P.A. 84-22
made clear that the exclusions from the definition of "motor vehicle" established in P.A. 83-297 apply only to injuries
which occur on or after October 1, 1983.
Cited. 167 C. 499. Cited. 169 C. 630, 631, 633−635. Fact that employer worked with plaintiff did not change his status
to "fellow employee" to come within statute provisions. 178 C. 371−374. Employee has no right of action against fellow
employee who directed operation of truck's hydraulic hoist since actions did not constitute "the operation of a motor
vehicle". 180 C. 469, 471, 472. Cited. 182 C. 24, 26, 27, 30. Cited. 183 C. 508, 509. Specific language of Sec. 4-165
prevails over general language of this statute as applied to fellow state employees. 185 C. 616, 618−620, 622−624. This
section, which permits an action against a fellow employee for injuries arising out of the negligent operation of a motor
vehicle, does not supersede the more specific provisions of Sec. 7-308. 187 C. 53 et seq. Term "operation of a motor
vehicle" construed as not including activities unrelated to movement of the vehicle. 189 C. 354−360. Cited. Id., 550−553.
Cited. 193 C. 59, 68. Cited. 196 C. 91, 92, 94, 112, 113. Cited. 203 C. 34, 37. Cited. 206 C. 495−497, 500. Cited. 208 C.
589, 592, 597, 599, 604. "Motor vehicle" exception discussed. 215 C. 55, 56, 58. Cited. 220 C. 721, 729. Cited. 221 C.
356, 366, 368. Cited. 222 C. 744, 758. Cited. 237 C. 1, 9. Cited. 242 C. 375.
Cited. 2 CA 174, 176−178. Cited. 3 CA 40, 46. Exception under the statute is concerned only with those engaged in
any activity related to driving or moving a vehicle or related to a circumstance resulting from the movement of a vehicle.
Id., 246−248. Cited. 7 CA 296−298. Cited. Id., 575−580. Cited. 9 CA 290, 292. Cited. 10 CA 18−22. Cited. Id., 618, 620,
622, 623. Cited. 20 CA 619, 623, 624. Cited. 22 CA 88, 91. Definition of "motor vehicle" for purposes of the exception
in this section is controlled by Sec. 14-1(a)(47) definition as further refined by Sec. 14-165(i). 30 CA 263−265, 267−269,
273, 274. Cited. 41 CA 664, 665, 667, 668, 670.
Cited. 30 CS 233. Cited. 36 CS 101−103. Cited. 39 CS 102, 105. Cited. 40 CS 165, 170. "Motor vehicle" exception
discussed. 41 CS 326, 328−332, 334−339, 347−352. Cited. 41 CS 391, 393. Cited. 44 CS 148, 155.
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(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.)
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(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, 6, 9, 10. Sec. 31-294 (repealed) cited. Id.
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(P.A. 91-32, S. 10, 41.)
Cited. 228 C. 1, 6. Sec. 31-294 (repealed) cited. Id. Cited. 237 C. 1, 7.
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.
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