You asked whether (1) a state employee can receive two permanent disability payments, one for each of two separate job-related injuries that occur at different times and (2) it is possible for a former state employee to receive a weekly workers' compensation benefit and a disability retirement at the same time.

SUMMARY

An employee can receive separate permanent disability benefits for two separate injuries occurring while at work at different times. This is possible because an individual can receive permanent disability compensation for an injury but is still able to work and could suffer another injury when back in the workforce.

A former employee with a disability retirement could, under some circumstances, receive some types of workers' compensation while on disability retirement.

PERMANENT DISABILITY COMPENSATION

Workers' compensation law provides that receiving disability compensation for one injury does not prevent a person from receiving separate disability compensation for another injury occurring later. This is true whether the person gets permanent or temporary disability compensation.

Sometimes an on-the-job injury that entitles an employee to receive permanent disability payments may not be significant enough to prevent the person from performing his job, but it may limit his use of a limb or organ. For example, a shoulder injury that permanently reduces a person's range of motion is a permanent disability, but it may not prevent him or her from returning to work in the same job or a different job with the same employer. Once back at work, the person could sustain another injury that would result in some degree of permanent disability, and he would be eligible for additional benefits based on the new injury.

DISABILITY RETIREMENT AND WORKERS' COMPENSATION

A former employee receiving a disability retirement could receive some types of temporary total or partial workers' compensation benefits, as well as other forms of benefits and income. But the law also limits how much additional benefits such a retiree can receive before the added benefits trigger a decrease in state disability retirement benefits.

For example, a Tier 1 disability retiree is allowed to receive:

1. Social Security disability payments (including payments made to the retiree's spouse or children due to the disability),

2. temporary total or partial benefits workers' compensation,

3. hazardous duty disability compensation, and

4. supplemental state police officers retirement system payments.

If the total of these benefits and the retiree's disability retirement exceeds 80% of his average salary or 80% of his salary at the time of disability, whichever is higher, then his disability retirement benefits are reduced to bring his combined benefits to 80% of salary. If the person has income from a job the same rule is applied, but the total benefits plus employment income must not exceed 100% of his average salary or salary at time of disability. The Office of the State Comptroller provides information on this situation for all three state employee tier systems on its web page (click on the summary plan descriptions): http: //www. osc. state. ct. us/empret/index. html.

For Tier II and Tier IIA the formula is similar except that disability retirees are not allowed to collect supplemental state police officers retirement system payments.

JM: ro