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.
(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. City employer's right to intervene in employee's negligence action against physician is incorporated into Sec. 7-433c pursuant to this section. 253 C. 429. Relevant figure for determining whether to award interest under Sec. 52-192a
is amount of the jury verdict, not amount of the postapportionment judgment rendered pursuant this section. 264 C. 314.
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. Definition of "compensation" inapplicable
to Sec. 31-284b as it existed on date of plaintiff's injury. 61 CA 9. State does not waive its right to sovereign immunity
and subject itself to a counterclaim when intervening pursuant to this statute when state's claim is derivative, depends on
injured plaintiff recovering against defendant and does not enlarge defendant's liability or try to establish that defendant
is liable to the state. 65 CA 418.
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. "Compensation" in this section includes sums paid pursuant to voluntary settlement agreement authorized by Sec.
31-296. 259 C. 325. Term "injury", as used in Subsec. does not encompass the harm alleged by plaintiff in his legal
malpractice action because it is unrelated to plaintiff's work. 269 C. 507. "Third person" to which Subsec. refers is person
in whom a legal liability has been created to pay damages for the employees's work- related injury. Id. "Third person", as
used in Subsec. refers to the actual tortfeasor who caused the work-related injury. Id.
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.
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.
(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. Tort actions for emotional injuries that are
not compensable under the act are not barred by exclusivity provisions of the act. 259 C. 729. When read in conjunction
with Sec. 31-275, statute plainly states that emotional distress not arising from physical injury is not compensable through
workers' compensation. 265 C. 21.
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. Golf cart not a "motor vehicle" for purposes of the "motor vehicle"
exception to exclusivity provision of Workers' Compensation Act. 54 CA 479. Statute does not authorize plaintiff's action
against his employer arising out of a fellow employee's negligent operation of a motor vehicle. 56 CA 325. Defendant's
operation of a payloader to jump start plaintiff's dump truck did not constitute "operation of a motor vehicle" so as to bring
the incident within the exception contained in this section. 64 CA 409.
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. Legislature did not
treat or intend to treat golf carts differently from any other non-highway-type mechanism for purposes of this section. 46
CS 24.
Sec. 31-294. Notice of injury and of claim for compensation. Section 31-294 is
repealed.
(1949 Rev., S. 7426, 7442; 1953, 1955, S. 3041d; 1958, S. 31-157, 31-168; 1959, P.A. 387; 580, S. 8; 1961, P.A. 491,
S. 16; 1963, P.A. 642, S. 36; 1967, P.A. 842, S. 3; 1969, P.A. 692; P.A. 80-124, S. 5; P.A. 81-472, S. 67, 159; P.A. 82-472, S. 108, 183; P.A. 85-133, S. 2; 85-184, S. 1; P.A. 87-160, S. 1; P.A. 88-357, S. 19; P.A. 89-371, S. 22; P.A. 90-116,
S. 5; P.A. 91-32, S. 40, 41.)
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.
(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.
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.
(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.
Sec. 31-294c. Notice of claim for compensation. Notice contesting liability. (a)
No proceedings for compensation under the provisions of this chapter shall be maintained unless a written notice of claim for compensation is given within one year from
the date of the accident or within three years from the first manifestation of a symptom
of the occupational disease, as the case may be, which caused the personal injury, provided, if death has resulted within two years from the date of the accident or first manifestation of a symptom of the occupational disease, a dependent or dependents, or the legal
representative of the deceased employee, may make claim for compensation within the
two-year period or within one year from the date of death, whichever is later. Notice of
a claim for compensation may be given to the employer or any commissioner and shall
state, in simple language, the date and place of the accident and the nature of the injury
resulting from the accident, or the date of the first manifestation of a symptom of the
occupational disease and the nature of the disease, as the case may be, and the name
and address of the employee and of the person in whose interest compensation is claimed.
An employee of the state shall send a copy of the notice to the Commissioner of Administrative Services. As used in this section, "manifestation of a symptom" means manifestation to an employee claiming compensation, or to some other person standing in such
relation to him that the knowledge of the person would be imputed to him, in a manner
that is or should be recognized by him as symptomatic of the occupational disease for
which compensation is claimed.
(b) Whenever liability to pay compensation is contested by the employer, he shall
file with the commissioner, on or before the twenty-eighth day after he has received a
written notice of claim, a notice in accord with a form prescribed by the chairman of
the Workers' Compensation Commission stating that the right to compensation is contested, the name of the claimant, the name of the employer, the date of the alleged injury
or death and the specific grounds on which the right to compensation is contested. The
employer shall send a copy of the notice to the employee in accordance with section
31-321. If the employer or his legal representative fails to file the notice contesting
liability on or before the twenty-eighth day after he has received the written notice of
claim, the employer shall commence payment of compensation for such injury or death
on or before the twenty-eighth day after he has received the written notice of claim, but
the employer may contest the employee's right to receive compensation on any grounds
or the extent of his disability within one year from the receipt of the written notice of
claim, provided the employer shall not be required to commence payment of compensation when the written notice of claim has not been properly served in accordance with
section 31-321 or when the written notice of claim fails to include a warning that (1)
the employer, if he has commenced payment for the alleged injury or death on or before
the twenty-eighth day after receiving a written notice of claim, shall be precluded from
contesting liability unless a notice contesting liability is filed within one year from the
receipt of the written notice of claim, and (2) the employer shall be conclusively presumed to have accepted the compensability of the alleged injury or death unless the
employer either files a notice contesting liability on or before the twenty-eighth day
after receiving a written notice of claim or commences payment for the alleged injury
or death on or before such twenty-eighth day. An employer shall be entitled, if he prevails, to reimbursement from the claimant of any compensation paid by the employer
on and after the date the commissioner receives written notice from the employer or his
legal representative, in accordance with the form prescribed by the chairman of the
Workers' Compensation Commission, stating that the right to compensation is contested. Notwithstanding the provisions of this subsection, an employer who fails to
contest liability for an alleged injury or death on or before the twenty-eighth day after
receiving a written notice of claim and who fails to commence payment for the alleged
injury or death on or before such twenty-eighth day, shall be conclusively presumed to
have accepted the compensability of the alleged injury or death.
(c) Failure to provide a notice of claim under subsection (a) of this section shall not
bar maintenance of the proceedings if there has been a hearing or a written request for
a hearing or an assignment for a hearing within a one-year period from the date of the
accident or within a three-year period from the first manifestation of a symptom of the
occupational disease, as the case may be, or if a voluntary agreement has been submitted
within the applicable period, or if within the applicable period an employee has been
furnished, for the injury with respect to which compensation is claimed, with medical
or surgical care as provided in section 31-294d. No defect or inaccuracy of notice of
claim shall bar maintenance of proceedings unless the employer shows that he was
ignorant of the facts concerning the personal injury and was prejudiced by the defect
or inaccuracy of the notice. Upon satisfactory showing of ignorance and prejudice, the
employer shall receive allowance to the extent of the prejudice.
(P.A. 91-32, S. 11, 41; 91-339, S. 47, 55; P.A. 93-228, S. 8, 35; 93-419, S. 8, 9.)
History: P.A. 91-339 amended Subsec. (b) to change "commissioners" to "chairman of the workers' compensation
commission"; P.A. 93-228 amended Subsec. (b) to change the circumstances under which a conclusive presumption
of employer liability is established and to allow an employer who successfully contests liability for a claim to recover
compensation paid to the claimant, effective July 1, 1993; P.A. 93-419 made technical change in Subsec. (b), replacing
"commended" with "commenced", effective July 1, 1993.
Cited. 228 C. 1, 6. Sec. 31-294 (repealed) cited. Id. Cited. 231 C. 529, 543. Cited. 232 C. 780, 781, 784-788. Sec. 31-294 cited. Id. Cited. 237 C. 1, 7. Cited. 239 C. 19. Workers' compensation legislation is remedial and should be broadly
construed to accomplish its humanitarian purpose. 252 C. 596. Where workers' compensation appeal involves issue of
statutory construction that has not been subjected to judicial scrutiny, Supreme Court has plenary power to review the
administrative decision. Id. HIV is an occupational disease for correction officers who are members of emergency response
units which are special teams of correction officers that respond to major disturbances and riots, and, therefore plaintiff's
notice of claim was timely filed under statute; HIV is peculiar to and distinctively associated with decedent's occupation
as a correction officer in an emergency response unit because of the direct causal connection between the specific duties
of his employment, which required him to interact with inmates with a high HIV infection rate and in a manner that greatly
increased the risk of contracting HIV and the AIDS the decedent contracted. 268 C. 753.
Cited. 38 CA 1, 2, 6. Cited. Id., 73, 76. Cited. 44 CA 465. 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. Workers' compensation review board
properly concluded that, under the totality of the circumstances, completion of accident investigation form by defendant's
fire department indicating that plaintiff had been transported to the hospital for high blood pressure, plaintiff's filing of
first report of injury for high blood pressure with defendant's workers' compensation division and the employer's investigative report prepared by the defendant's workers' compensation division for defendant's controller's office constituted
"substantial compliance" with notice requirements. 63 CA 570. Does not require that notice of injury by employee include
statutory reference. 70 CA 321.
Subsec. (a):
Cited. 237 C. 1, 5. Cited. 239 C. 408. Cited. 240 C. 788. Cited. 242 C. 570. Notice of claim for repetitive trauma injury
is sufficient to support a motion to preclude if it provides adequate information as to period of time over which the injury
is alleged to have occurred sufficient to allow employer to make timely investigation of the claim. 252 C. 596. Service on
employer of amended complaint in third party action and employer's acknowledgement that it "may" become obligated
to pay benefits to plaintiff are not sufficient to establish that employer had actual notice of plaintiff's intent to seek survivor's
benefits as a result of decedent's death. 265 C. 525.
Cited. 40 CA 446, 447. Cited. 42 CA 803. Cited. 44 CA 465. Cited. 45 CA 707. "Accident" and "occupational disease"
must be read broadly enough so that even an injury that is defined as stemming from repetitive trauma under Sec. 31-275(8) may be deemed to fall into one of the two categories. 56 CA 90. Without timely written notice of claim, commissioner
lacks subject matter jurisdiction over such claim. 68 CA 590. Separate notice of claim not required when dependent pursues
derivative claim for death benefit. 71 CA 140.
Subsec. (b):
Cited. 241 C. 692. Notice to contest liability must state both date of alleged injury and specific reasons for contesting
compensation. 252 C. 596. Compensability, in terms of whether a type of injury falls within scope of the act, is a jurisdictional
fact that would allow employer to contest liability beyond the time frame allotted by subsec; hence, because the emotional
impairment claimed by plaintiff in the present case does not fall within scope of the act, commissioner and board initially
properly denied plaintiff's motion to preclude defendants from contesting liability. 270 C. 532.
Cited. 30 CA 295, 305. Cited. 40 CA 446, 447. Employer not precluded from challenging commissioner's subject
matter jurisdiction. 64 CA 1. Issue of compensability of an injury does not implicate commissioner's subject matter
jurisdiction and, accordingly, statutory presumption of liability cannot be circumvented. Id. Does not implicate insurer's
right to raise the defense of lack of coverage against an employer. 67 CA 361.
Subsec. (c):
Cited. 237 C. 1, 5, 11.
Employer's insurer's payment of medical bills during one-year period constituted the furnishing of medical treatment.
47 CA 530. Employee's claim was not time barred because he failed to file notice of claim that specifically referenced all
of his injuries. 48 CA 357.
Sec. 31-294d. Medical and surgical aid; hospital and nursing service. (a)(1)
The employer, as soon as the employer has knowledge of an injury, shall provide a
competent physician or surgeon to attend the injured employee and, in addition, shall
furnish any medical and surgical aid or hospital and nursing service, including medical
rehabilitation services and prescription drugs, as the physician or surgeon deems reasonable or necessary. The employer, any insurer acting on behalf of the employer, or any
other entity acting on behalf of the employer or insurer shall be responsible for paying
the cost of such prescription drugs directly to the provider.
(2) If the injured employee is a local or state police officer, state marshal, judicial
marshal, correction officer, emergency medical technician, paramedic, ambulance
driver, firefighter, or active member of a volunteer fire company or fire department
engaged in volunteer duties, who has been exposed in the line of duty to blood or bodily
fluids that may carry blood-borne disease, the medical and surgical aid or hospital and
nursing service provided by the employer shall include any relevant diagnostic and
prophylactic procedure for and treatment of any blood-borne disease.
(b) The employee shall select the physician or surgeon from an approved list of
physicians and surgeons prepared by the chairman of the Workers' Compensation Commission. If the employee is unable to make the selection, the employer shall do so,
subject to ratification by the employee or his next of kin. If the employer has a full-time staff physician or if a physician is available on call, the initial treatment required
immediately following the injury may be rendered by that physician, but the employee
may thereafter select his own physician as provided by this chapter for any further
treatment without prior approval of the commissioner.
(c) The commissioner may, without hearing, at the request of the employer or the
injured employee, when good reason exists, or on his own motion, authorize or direct
a change of physician or surgeon or hospital or nursing service provided pursuant to
subsection (a) of this section.
(d) The pecuniary liability of the employer for the medical and surgical service
required by this section shall be limited to the charges that prevail in the same community
or similar communities for similar treatment of injured persons of a like standard of
living when the similar treatment is paid for by the injured person. The liability of the
employer for hospital service shall be the amount it actually costs the hospital to render
the service, as determined by the commissioner, except in the case of state humane
institutions, the liability of the employer shall be the per capita cost as determined by
the Comptroller under the provisions of section 17b-223. All disputes concerning liability for hospital services in workers' compensation cases shall be settled by the commissioner in accordance with this chapter.
(e) If the employer fails to promptly provide a physician or surgeon or any medical
and surgical aid or hospital and nursing service as required by this section, the injured
employee may obtain a physician or surgeon, selected from the approved list prepared
by the chairman, or such medical and surgical aid or hospital and nursing service at the
expense of the employer.
(P.A. 91-32, S. 12, 41; 91-339, S. 48, 55; P.A. 98-160; P.A. 00-99, S. 81, 154; P.A. 01-85, S. 2, 3.)
History: P.A. 91-339 amended Subsecs. (b) and (e) to change "commissioners" to "chairman of the workers' compensation commission"; P.A. 98-160 amended Subsec. (a) to provide specific diagnosis and treatment for certain employees
exposed in the line of duty to blood or bodily fluids; P.A. 00-99 replaced reference to high sheriff, chief deputy sheriff,
deputy sheriff and special deputy sheriff with state marshal and judicial marshal in Subsec. (a), effective December 1,
2000; P.A. 01-85 amended Subsec. (a) by dividing existing provisions into Subdivs. (1) and (2), adding provisions in
Subdiv. (1) re furnishing prescription drugs and payment of prescription drug costs directly to provider and making technical
changes, effective January 1, 2002.
Cited. 228 C. 1, 6. Sec. 31-294 (repealed) cited. Id. Cited. 237 C. 1, 5. Cited. 241 C. 692.
Subsec. (a):
Cited. 241 C. 692.
Subsec. (e):
Cited. 241 C. 692.
Sec. 31-294e. Employee's option to obtain medical care at employee's expense.
Refusal of employee to accept or obtain reasonable medical care. (a) At his option,
the injured employee may refuse the medical and surgical aid or hospital and nursing
service provided by his employer and obtain the same at his own expense.
(b) If it appears to the commissioner that an injured employee has refused to accept
and failed to obtain reasonable medical and surgical aid or hospital and nursing service,
all rights of compensation under the provisions of this chapter shall be suspended during
such refusal and failure.
(P.A. 91-32, S. 13, 41.)
Cited. 228 C. 1, 6. Sec. 31-294 (repealed) cited. Id.
Sec. 31-294f. Medical examination of injured employee. Medical reports. (a)
An injured employee shall submit himself to examination by a reputable practicing
physician or surgeon, at any time while claiming or receiving compensation, upon the
reasonable request of the employer or at the direction of the commissioner. The examination shall be performed to determine the nature of the injury and the incapacity resulting
from the injury. The physician or surgeon shall be selected by the employer from an
approved list of physicians and surgeons prepared by the chairman of the Workers'
Compensation Commission and shall be paid by the employer. At any examination
requested by the employer or directed by the commissioner under this section, the injured
employee shall be allowed to have in attendance any reputable practicing physician or
surgeon that the employee obtains and pays for himself. The employee shall submit to
all other physical examinations as required by this chapter. The refusal of an injured
employee to submit himself to a reasonable examination under this section shall suspend
his right to compensation during such refusal.
(b) All medical reports concerning any injury of an employee sustained in the course
of his employment shall be furnished within thirty days after the completion of the
reports, at the same time and in the same manner, to the employer and the employee or
his attorney.
(P.A. 91-32, S. 14, 41; 91-339, S. 49, 55; P.A. 96-125.)
History: P.A. 91-339 amended Subsec. (a) to change "commissioners" to "chairman of the workers' compensation
commission"; P.A. 96-125 amended Subsec. (b) by replacing "Any medical reports resulting from an examination requested
by an employer or directed by the commissioner under this section" with "All medical reports concerning any injury
of an employee sustained in the course of his employment" and by deleting the provision re furnishing of all "other"
medical reports.
Cited. 228 C. 1, 6. Sec. 31-294 (repealed) cited. Id.
Statute provides employer the right to an independent and meaningful medical examination of injured employee. 65
CA 592.
Sec. 31-294g. State employee notice of claim for compensation. Whenever the
Commissioner of Administrative Services receives a notice of claim for compensation
from an employee of the state pursuant to subsection (a) of section 31-294c, the Commissioner of Administrative Services shall send a copy of the notice of claim to the chief
executive officer of the state agency, department, board, institution or commission in
which the employee works.
(P.A. 91-339, S. 15, 55.)
Cited. 228 C. 1, 6. Sec. 31-294 (repealed) cited. Id.
Sec. 31-295. Waiting period. When compensation begins. Penalty for late payment of permanent partial disability benefits. (a) No compensation shall be payable
for total or partial incapacity under the provisions of this chapter on account of any
injury which does not incapacitate the injured employee for a period of more than three
days from earning full wages at his customary employment. If the incapacity continues
for a period of more than three days but less than seven days, compensation shall begin
at the expiration of the first three days of total or partial incapacity. If the incapacity
continues for a period of seven days, compensation shall begin from the date of the
injury.
(b) The injured employee shall be entitled to full wages for the entire day of the
injury and that day shall not be counted as a day of incapacity.
(c) If the employee is entitled to receive compensation for permanent disability to
an injured member in accordance with the provisions of subsection (b) of section 31-308, the compensation shall be paid to him beginning not later than thirty days following
the date of the maximum improvement of the member or members and, if the compensation payments are not so paid, the employer shall, in addition to the compensation rate,
pay interest at the rate of ten per cent per annum on such sum or sums from the date of
maximum improvement. The employer shall ascertain at least monthly whether employees are entitled to compensation because of a loss of wages as a result of the injury and,
if there is a loss of wages, shall pay the compensation. The chairman of the Workers'
Compensation Commission shall adopt regulations, in accordance with the provisions of
chapter 54, for the purpose of assuring prompt payment by the employer or his insurance
carrier.
(1949 Rev., S. 7427; 1957, P.A. 451; 1958 Rev., S. 31-158; 1959, P.A. 580, S. 4; 1961, P.A. 491, S. 17; 1967, P.A.
842, S. 6; P.A. 91-32, S. 15, 41; 91-339, S. 16, 55; P.A. 93-228, S. 9, 35.)
History: 1959 act divided section into Subsecs. and reduced periods of incapacity used to determine compensation from
seven to three days and from ten to seven days; 1961 act entirely replaced previous provisions; 1967 act added Subsec.
(c) re compensation for permanent disability; P.A. 91-32 made technical changes; P.A. 91-339 amended Subsec. (c) to
require the chairman of the workers' compensation commission to adopt regulations; P.A. 93-228 amended Subsec. (c)
to increase the interest penalty for late payment of permanent partial disability benefits from six to ten per cent per year,
effective July 1, 1993.
"Incapacity" defined. 113 C. 710. Cited. 119 C. 560.
Cited. 7 CA 142, 147.
Defendant may not counterclaim against intervening plaintiff employer based on contract between employer and defendant for former to hold latter harmless for personal injury claims. 22 CS 23.
Subsec. (a):
Cited. 241 C. 692.
Subsec. (b):
Cited. 16 CA 437-443.
Subsec. (c):
Nothing in subsection expressly prohibits plaintiff from receiving incapacity benefits until both legs have reached
maximum medical improvement and such result does not undermine purpose of the Worker's Compensation Act. 263
C. 328.
Cited. 37 CA 648, 649.
Sec. 31-296. Voluntary agreements. If an employer and an injured employee, or
in case of fatal injury his legal representative or dependent, at a date not earlier than the
expiration of the waiting period, reach an agreement in regard to compensation, such
agreement shall be submitted in writing to the commissioner by the employer with a
statement of the time, place and nature of the injury upon which it is based; and, if such
commissioner finds such agreement to conform to the provisions of this chapter in every
regard, he shall so approve it. A copy of the agreement, with a statement of the commissioner's approval thereof, shall be delivered to each of the parties and thereafter it shall
be as binding upon both parties as an award by the commissioner. The commissioner's
statement of approval shall also inform the employee or his dependent, as the case may
be, of any rights the individual may have to an annual cost-of-living adjustment or to
participate in a rehabilitation program under the provisions of this chapter. He shall
retain the original agreement, with his approval thereof, in his office and, if an application
is made to the superior court for an execution, he shall, upon the request of said court,
file in the court a certified copy of the agreement and his statement of approval thereof.
Before discontinuing or reducing payment on account of total or partial incapacity under
any such agreement, the employer, if it is claimed by or on behalf of the injured person
that his incapacity still continues, shall notify the commissioner and the employee, by
certified mail, of the proposed discontinuance or reduction of such payments, with the
date of such proposed discontinuance or reduction and the reason therefor, and, such
discontinuance or reduction shall not become effective unless specifically approved in
writing by the commissioner. The employee may request a hearing on any such proposed
discontinuance or reduction within ten days of receipt of such notice. Any such request
for a hearing shall be given priority over requests for hearings on other matters. The
commissioner shall not approve any such discontinuance or reduction prior to the expiration of the period for requesting a hearing or the completion of such hearing, whichever
is later. In any case where the commissioner finds that an employer has discontinued
or reduced any payments made in accordance with this section without the approval of
the commissioner, such employer shall be required to pay to the employee the total
amount of all payments so discontinued or the total amount by which such payments
were reduced, as the case may be, and shall be required to pay interest to the employee,
at a rate of one and one-quarter per cent per month or portion thereof, on any payments
so discontinued or on the total amount by which such payments were reduced, as the
case may be, plus reasonable attorney's fees incurred by the employee in relation to
such discontinuance or reduction. Such notice of intention to discontinue or reduce
payments shall be in substantially the following form:
WORKERS' COMPENSATION COMMISSION
OF CONNECTICUT
NOTICE TO COMPENSATION COMMISSIONER AND
EMPLOYEE OF INTENTION TO DISCONTINUE OR REDUCE
PAYMENTS.
To the Compensation Commissioner for the .... Congressional District and to ....,
employee:
You are hereby notified that the undersigned employer intends on the .... day of ....,
20.., to discontinue or reduce the payments of compensation to the above-named employee for the following reason, to wit:
....
.... Employer
by .... (Indicate Official Position), Insurer or Agent
I HEREBY CERTIFY that the above named employee is able to return to
usual
light work on the .... day of ...., 20 ..
selected
will
There will not be permanent loss or loss of use of .... (member)
.... Attending Surgeon
The following blanks are to be filled out in order that the case may be properly located
in the records of the Commissioner:
Date of Injury ....
Date of Award or approval of agreement ....
Date when mailed by respondents .....
The employee may request a hearing by the compensation commissioner on the discontinuance or reduction set forth in this notice within ten days of receipt of this notice.
(1949 Rev., S. 7444; 1953, S. 3047d; 1958 Rev., S. 31-170; 1961, P.A. 491, S. 18; 1971, P.A. 510, S. 1; P.A. 79-376,
S. 44; P.A. 83-114, S. 1; P.A. 84-180, S. 1; P.A. 88-106, S. 1; P.A. 90-116, S. 6.)
History: 1961 act entirely replaced previous provisions; 1971 act changed point at which discontinuance is effective
from time notices are sent to commissioner to time when specifically approved in writing by commissioner; P.A. 79-376 replaced "workmen's compensation" with "workers' compensation"; P.A. 83-114 provided that the commissioner's
statement of approval of a voluntary agreement shall inform the individual as to his rights for an annual cost-of-living
adjustment under this chapter; P.A. 84-180 provided that the commissioner's statement of approval inform the employee
of his rights to participate in a rehabilitation program; P.A. 88-106 authorized reduction of benefits; P.A. 90-116 provided
that notices of discontinuance and reduction shall be made by certified mail, provided for priority hearing on discontinuances
and reductions and provided for interest and attorney's fees against the employer in cases of wrongful discontinuance or
reduction (Revisor's note: In 2001 the references in this section to the date "19.." were changed editorially by the Revisors
to "20.." to reflect the new millennium).
Agreement for compensation approved by commissioner may be modified by him on facts not made known to him
though known to the parties. 95 C. 356. Widow bound by agreement signed by her and late husband. 120 C. 280. Cited.
126 C. 491; 128 C. 578; 151 C. 559. Agreement by which employer waived all further claims under Workmen's Compensation Act was binding on him as waiver of his subrogation rights under section 31-293. 157 C. 538. Cited. 159 C. 302.
Cited. 177 C. 107, 112. Cited. 231 C. 287, 291. Cited. Id., 469, 480. Cited. 233 C. 14, 15, 17, 19, 20, 22-25. Cited. 237 C.
259, 263. Sums paid pursuant to voluntary agreements are "compensation" and recoverable by employers or Second Injury
Fund under Secs. 31-293 and 31-352. 259 C. 325.
Cited. 13 CA 208, 212. Cited. 21 CA 464-466. Cited. 28 CA 113, 120. Cited. 33 CA 490, 491. Cited. 36 CA 298, 299.
Cited. 38 CA 754, 758. Cited. 40 CA 36, 38, 40. Cited. 44 CA 771. Cited. 45 CA 324. Meaning of "voluntary agreement"
as used in regulation section 31-296-1 discussed. 58 CA 45. Court was within discretion to deny request to execute voluntary
agreement that was not a final settlement. Id.
Cited. 4 CS 467; 28 CS 5. Cited. 42 CS 514.
Sec. 31-296a. Discontinuance or reduction of payments under oral
agreements. No employer shall discontinue or reduce payment on account of total or
partial incapacity under any oral agreement or in any case where the employer's acceptance of compensability has been conclusively presumed under subsection (b) of section
31-294c because of failure to file a timely notice contesting liability, if it is claimed by
or on behalf of the injured person that his incapacity still continues, unless such employer
notifies the commissioner and the employee of the proposed discontinuance or reduction
in the manner prescribed in section 31-296 and the commissioner specifically approves
such discontinuance or reduction in writing.
(1971, P.A. 510, S. 2; 1972, P.A. 43; P.A. 88-106, S. 2; P.A. 92-31, S. 3, 7.)
History: 1972 act prohibited discontinuing payments "in any case where the employer's acceptance of compensability
has been conclusively presumed ... because of failure to file a timely notice contesting liability"; P.A. 88-106 added the
provisions regarding the reduction of benefits; P.A. 92-31 made a technical change.
Cited. 28 CA 113, 120.
Sec. 31-297. Hearing of claims. If an employer and his injured employee, or his
legal representative, as the case may be, fail to reach an agreement in regard to compensation under the provisions of this chapter, either party may notify the commissioner of
the failure. Upon such notice, or upon the knowledge that an agreement has not been
reached in a case in which a right to compensation may exist, the commissioner shall
schedule an early hearing upon the matter, giving both parties notice of time and place
not less than ten days prior to the scheduled date; provided the commissioner may,
on finding an emergency to exist, give such notice as he finds reasonable under the
circumstances. If no agreement has been reached within sixty days after the date notice
of claim for compensation was received by the commissioner, as provided in section
31-294c, a formal hearing shall be scheduled on the claim and held within thirty days
after the end of the sixty-day period, except that if an earlier hearing date has previously
been scheduled, the earlier date shall prevail. Hearings shall be held, if practicable, in
the town in which the injured employee resides; or, if it is not practicable to hold a
hearing in the town, in any other convenient place that the commissioner may prescribe.
Sufficient notice of the hearing may be given to the parties in interest by a brief written
statement in ordinary terms of the date, place and nature of the injury upon which the
claim for compensation is based.
(1949 Rev., S. 7446; 1958 Rev., S. 31-173; 1961, P.A. 491, S. 19; 1967, P.A. 842, S. 7; P.A. 83-123; P.A. 89-31; P.A.
90-116, S. 9; P.A. 91-32, S. 16, 41.)
History: 1961 act entirely replaced previous provisions; 1967 act divided section into Subsecs., required filing of notice
on or before twentieth day after receipt of written notice of claim rather than after "knowledge of alleged injury or death"
and specified that employer's failure to file notice contesting liability results in presumption of his acceptance of liability;
P.A. 83-123 required that, if no voluntary agreement has been reached within sixty days of the filing of a notice of claim
for compensation, a formal hearing on the claim shall be scheduled and held within thirty days of the end of the sixty-day
period, unless a prior hearing date was previously established; P.A. 89-31 added Subsec. (c), providing a twenty-eight-day period for an employer to give notice that he contests a claim for injuries sustained on or after October 1, 1989; P.A.
90-116 provided that the employer's failure to contest shall not constitute a conclusive presumption when the notice has
not been properly served or when the notice fails to include a warning concerning the time period to contest liability; P.A.
91-32 made technical changes and deleted Subsecs. (b) and (c) re filing of notice that claim is contested, but see Sec. 31-294c.
Ten days' notice does not apply to hearing on motion for extension of time. 109 C. 469. Cited. 159 C. 302. The giving
of notice by the employer as to the specific grounds on which the right to compensation is contested is a condition precedent
to the defense of the action. 165 C. 338, 348. Cited. 227 C. 333, 339. Cited. 239. C. 408.
Cited. 2 CA 365, 374. Cited. 13 CA 208, 213. Cited. 29 CA 441, 442. Cited. 30 CA 320, 322. Cited. 40 CA 278, 287.
Cited. 38 CS 331, 332, 333.
Subsec. (a):
Cited. 177 C. 107, 110.
Subsec. (b):
Cited. 165 C. 338, 341-343, 345. Cited (dissent). 165 C. 338, 351, 353, 356, 357. Applies only to contests of initial
liability to pay compensation, not to contests of extent of disability, in requiring filing of a specific defense. 177 C. 107,
110-115, 119-121. Cited. Id. Inquiry on existence of subject matter jurisdiction proper. 207 C. 420-422, 424, 425, 429-
433, 436-440. Preclusion available to one claimant establishes compensability as to all eligible claimants. Id., 665, 666,
668-673. Cited. 213 C. 54, 56. Cited. 218 C. 181, 182, 195. Cited. 222 C. 62, 64-66, 68. Cited. 227 C. 333, 340. Cited.
228 C. 535-537, 541-543.
Held to be constitutional under both state and federal constitutions. 2 CA 363-367, 369-371. Cited. Id., 162, 163, 165.
Cited. 9 CA 91-93. Cited. Id., 425, 426. Cited. 13 CA 208, 212. Timely filing of a notice of claim under Sec. 31-294 is a
precondition to statutory preclusion from contesting liability under this section. Id., 276-281. Cited. 16 CA 676, 677. Cited.
19 CA 273-275. Cited. 21 CA 63, 64, 66. Cited. Id., 610-612, 618. Cited. 22 CA 515, 517. Cited. 25 CA 350-352.
Amendment not to be applied retroactively. Date of injury rule applies. 29 CA 441, 443-452. Amendment applied only
prospectively. Id., 654-659. P.A. 90-116, Sec. 9 cited. Id. Cited 30 CA 295, 299, 304. Cited. Id., 320. Cited. 33 CA 495,
497. Cited. 40 CA 278, 282. Cited. 42 CA 147. Cited. 45 CA 499. Does not expressly provide for notice to claimants who
are not employees or dependents. Notice to last-known address of decedent employee, which was also claimants' address,
was adequate. 63 CA 1.
Cited. 38 CS 331, 332, 334, 336, 337. Cited. 39 CS 403, 406.
Sec. 31-297a. Informal hearings. In any informal hearing held by the commissioner or chairman of the Workers' Compensation Commission in regard to compensation under the provisions of this chapter, any recommendations made by the commissioner or chairman at the informal hearing shall be reduced to writing and, if the parties
accept such recommendations, the recommendations shall be as binding upon both parties as an award by the commissioner or chairman. The commissioner or chairman shall
not postpone any such informal hearing if one party fails to attend unless both parties
agree to the postponement.
(P.A. 91-339, S. 17, 55; P.A. 93-228, S. 10, 35.)
History: P.A. 93-228 authorized chairman of workers' compensation commission to preside over informal hearings,
effective July 1, 1993.
Cited. 42 CA 147.
Sec. 31-298. Conduct of hearings. Both parties may appear at any hearing, either
in person or by attorney or other accredited representative, and no formal pleadings
shall be required, beyond any informal notices that the commission approves. In all
cases and hearings under the provisions of this chapter, the commissioner shall proceed,
so far as possible, in accordance with the rules of equity. He shall not be bound by the
ordinary common law or statutory rules of evidence or procedure, but shall make inquiry,
through oral testimony, deposition testimony or written and printed records, in a manner
that is best calculated to ascertain the substantial rights of the parties and carry out the
provisions and intent of this chapter. No fees shall be charged to either party by the
commissioner in connection with any hearing or other procedure, but the commissioner
shall furnish at cost (1) certified copies of any testimony, award or other matter which
may be of record in his office, and (2) duplicates of audio cassette recordings of any
formal hearings. Witnesses subpoenaed by the commissioner shall be allowed the fees
and traveling expenses that are allowed in civil actions, to be paid by the party in whose
interest the witnesses are subpoenaed. When liability or extent of disability is contested
by formal hearing before the commissioner, the claimant shall be entitled, if he prevails
on final judgment, to payment for oral testimony or deposition testimony rendered on
his behalf by a competent physician, surgeon or other medical provider, including the
stenographic and videotape recording costs thereof, in connection with the claim, the
commissioner to determine the reasonableness of such charges.
(1949 Rev., S. 7447; 1958 Rev., S. 31-174; 1961, P.A. 491, S. 20; 1967, P.A. 242; 842, S. 8; 1971, P.A. 521; P.A. 85-65; P.A. 91-32, S. 17, 41; P.A. 93-228, S. 11, 35; P.A. 97-106.)
History: 1961 act entirely replaced previous provisions; 1967, P.A. 242 added, "and attorney's fees for representation
of the claimant at the formal hearing," in the last sentence before "the commissioner to determine the reasonableness of
such charges." (Held repealed by implication, see 165 C. 338, 349.) 1967, P.A. 842 added reference to contest of extent
of liability and entitled claimant to one-fifth of weekly compensation for each day or portion of day he attends a formal
hearing if he is not receiving compensation at that time; 1971 act entitled claimant to reimbursement for wages lost because
he has been called to appear at conference or informal hearing; P.A. 85-65 required the commissioner to furnish to the
parties, at cost, duplicates of audio cassette recordings of any formal hearings; P.A. 91-32 made technical changes and
deleted provisions re reimbursement of wages lost by reason of appearance at a conference or informal hearing and provisions re payments made to claimants who prevail on final judgment; P.A. 93-228 added provision allowing use of deposition
testimony during workers' compensation hearings, effective July 1, 1993; P.A. 97-106 added provisions entitling claimant
to payment for medical testimony if he prevails on final judgment.
See Sec. 52-260 re witness fees.
Conduct of hearing. 94 C. 9. Procedure simple and without pleadings. 106 C. 9. Burden of proof is on claimant; but
may be sustained by reasonable inferences as well as by direct testimony. 95 C. 43. Admissions by insurance adjuster may be
accepted by the commissioner. 93 C. 295. Declarations by the decedent. 98 C. 649. Conclusions reached by superintendent at
an immediate investigation. 106 C. 252. Claimant held not to have had an adequate hearing. 107 C. 457. Burden of proof
rests on claimant. 130 C. 1. Commissioner not bound by rules of evidence. 116 C. 297; 122 C. 360; 133 C. 667. Commissioner
judge when conflicting medical testimony presented. 123 C. 405; 130 C. 455; 131 C. 484. Commissioner judge of fact.
128 C. 621. Evidence that workers in other factories under substantially same conditions do not contract disease is admissible. 118 C. 29. Evidence as to extent of incapacity from susceptibility to dermatitis necessary to finding of compensation
commissioner. 125 C. 140. Disability due to first or second accident, or both, medical question. 123 C. 188. Evidence
which commissioner may accept. Findings, to be open to attack, must be unreasonable to justify judicial interference. 109
C. 62. Cited. 114 C. 29; 132 C. 172; 135 C. 504; 136 C. 345. Workmen's compensation commissioner not bound by rules
of evidence. 138 C. 53. While finding or conclusion of commissioner based on conflicting medical opinions cannot be
disturbed, such finding cannot be based on incompetent medical testimony to which objection was seasonably made. 149
C. 118. Opinion of physician based wholly or partly on statements and symptoms related to him by patient on personal
examination is inadmissible where examination was made for purpose of qualifying physician to testify as medical expert.
Id., 119. Cited. 159 C. 302. Cited. 165 C. 338, 344, 345, 349, 350, 356. Cited. 199 C. 667, 675. Cited. 213 C. 54, 56. Cited.
226 C. 508, 514. Cited. 237 C. 1, 11. Section addresses the conduct of hearings; does not provide commissioner with any
specific jurisdiction over particular types of claims or questions. 248 C. 754. Commissioner has authority to dismiss claim
without a hearing on the merits in an appropriate case. 254 C. 60.
Cited. 29 CA 249, 261. Cited. 40 CA 278, 284, 285, 287. Workers' compensation commissioners not bound by Daubert
standard in determining whether to admit scientific testimony; establishing formal requirements for admissibility of scientific testimony in workers' compensation cases is contrary to spirit of statute. 48 CA 774. Equitable requirements of section
do not apply to scheduling of hearings and notice to parties, matters that are specifically addressed in Sec. 31-297. 66 CA 332.
Cited. 38 CS 331, 338.
Sec. 31-298a. Use of medical panel. Duties of commissioner and panel. Appeal.
Regulations. (a) A medical panel shall be established for use in solving controverted
medical issues in claims for workers' compensation due to occupational lung disease.
The American College of Chest Physicians shall submit to the chairman of the Workers'
Compensation Commission by October 10, 1981, and annually thereafter a list of five
to ten physicians who are expert in the diagnosis, care and treatment of occupational
lung disease for membership in the panel. In the event that no such list is submitted, the
chairman shall appoint to the panel five to ten licensed physicians who are expert in the
diagnosis, care and treatment of such diseases.
(b) In each occupational lung disease claim for workers' compensation where there
are controverted medical issues, the commissioner hearing the case may choose three
members of the medical panel for assistance in the case. The commissioner shall submit,
at his discretion and within thirty days after choosing said panel, interrogatories concerning the controverted medical issues to such three-member panel, along with whatever
evidence and materials the commissioner deems necessary for their consideration. The
three-member panel may examine the employee, who shall submit to any examination
such panel may require. Within sixty days of the submission of such interrogatories to
it, the three-member panel shall file with the commissioner its answers, report and findings on all such medical issues, along with any records generated from its work in the
case. The answers to the interrogatories and the contents of the report shall be determined
by majority vote of the three panel members.
(c) The answers to the interrogatories, report, findings and records of the three-member panel shall become part of the record of the hearing before the commissioner.
In making his decision in such a case, the commissioner shall conform his decision or
award to the findings of such panel as to medical issues. Either party may appeal the
decision of the commissioner to the Compensation Review Board according to the provisions of section 31-301.
(d) The chairman of the Workers' Compensation Commission shall adopt regulations in accordance with the provisions of chapter 54 to establish a fee schedule for the
payment of medical panel members. Sufficient funding for the payment of such fees
shall be supplied from the administrative costs fund, as provided in section 31-345.
(P.A. 81-392, S. 1-4; P.A. 91-339, S. 18, 55.)
History: P.A. 91-339 changed "compensation review division" to "compensation review board" in Subsec. (c) and
changed "workers' compensation commissioners" to "the chairman of the workers' compensation commission" in Subsec. (d).
Sec. 31-299. Prior statements of parties as evidence at hearings before commissioners. At any hearing before a compensation commissioner no written statement,
and no oral statement taken by means of tape recorder or any mechanical, electrical or
electronic device, concerning the facts out of which the claim arose or affecting such
claim, given by either party to the other, or to his agent, attorney or insurer, shall be
admissible in evidence unless a copy of the written statement or a transcript of the oral
statement, as the case may be, is retained by the party giving such statement or delivered
to him at the time such statement was given or within thirty days thereafter. In the case
of an oral statement taken by means of tape recorder or other mechanical, electrical
or electronic device, the person recording such oral statement shall prepare a full and
complete transcript thereof and submit it to the person giving such statement for signature and such transcript must be signed by the employee before such statement may be
used at any such hearing.
(1949 Rev., S. 7448; 1958 Rev., S. 31-175; 1961, P.A. 491, S. 21; 1967, P.A. 842, S. 9.)
History: 1961 act entirely replaced previous provisions; 1967 act added provisions re oral statements at hearings.
Cited. 159 C. 302.
Sec. 31-299a. Payments under group medical policy not defense to claim for
benefits. Health insurer's duty to pay. Lien. (a) Where an employer contests the
compensability of an employee's claim for compensation, proof of payment made under
a group health, medical or hospitalization plan or policy shall not be a defense to a claim
for compensation under this chapter.
(b) Where an employer contests the compensability of an employee's claim for
compensation, and the employee has also filed a claim for benefits or services under
the employer's group health, medical, disability or hospitalization plan or policy, the
employer's health insurer may not delay or deny payment of benefits due to the employee
under the terms of the plan or policy by claiming that treatment for the employee's
injury or disease is the responsibility of the employer's workers' compensation insurer.
The health insurer may file a claim in its own right against the employer for the value
of benefits paid by the insurer within two years from payment of the benefits. The health
insurer shall not have a lien on the proceeds of any award or approval of any compromise
made by the commissioner pursuant to the employee's compensation claim, in accordance with the provisions of section 38a-470, unless the health insurer actually paid
benefits to or on behalf of the employee.
(1967, P.A. 842, S. 29; P.A. 84-139, S. 1, 2; P.A. 91-32, S. 18, 41; P.A. 93-228, S. 12, 35.)
History: P.A. 84-139 added Subsec. (b), providing that an employer's health insurer may not deny benefits to an
otherwise eligible employee because that employee has filed a workers' compensation claim which has been contested;
P.A. 91-32 made technical changes; P.A. 93-228 amended Subsec. (b) to allow a health insurer to recover from an employer
the value of benefits paid to or on behalf of an employee for an injury compensable under this chapter and to prohibit a
health insurer who has not paid benefits to or on behalf of an injured employee from placing a lien on the employee's
workers' compensation award, effective July 1, 1993.
Cited. 219 C. 439, 449-452, 458, 460.
Cited. 22 CA 539, 546; judgment reversed and case remanded to appellate court with direction to affirm decision of
compensation review division, see 219 C. 439 et seq.
Subsec. (a):
Cited. 219 C. 439, 448.
Cited. 22 CA 539, 547; judgment reversed and case remanded to appellate court with direction to affirm decision of
compensation review division, see 219 C. 439 et seq.
Sec. 31-299b. Initial liability of last employer. Reimbursement. If an employee
suffers an injury or disease for which compensation is found by the commissioner to
be payable according to the provisions of this chapter, the employer who last employed
the claimant prior to the filing of the claim, or the employer's insurer, shall be initially
liable for the payment of such compensation. The commissioner shall, within a reasonable period of time after issuing an award, on the basis of the record of the hearing,
determine whether prior employers, or their insurers, are liable for a portion of such
compensation and the extent of their liability. If prior employers are found to be so
liable, the commissioner shall order such employers or their insurers to reimburse the
initially liable employer or insurer according to the proportion of their liability. Reimbursement shall be made within ten days of the commissioner's order with interest, from
the date of the initial payment, at twelve per cent per annum. If no appeal from the
commissioner's order is taken by any employer or insurer within twenty days, the order
shall be final and may be enforced in the same manner as a judgment of the Superior
Court.
(P.A. 81-155, S. 1; P.A. 01-22, S. 2.)
History: P.A. 01-22 increased time for taking an appeal from order of commissioner from ten to twenty days.
Cited. 231 C. 469, 471, 473, 474. Cited. 232 C. 758, 776. Cited. 241 C. 282. Application is limited to cases of ongoing
repetitive trauma or occupational disease. 263 C. 279.
Cited. 33 CA 695, 696, 698; judgment reversed, see 231 C. 469 et seq.
Sec. 31-300. Award as judgment. Interest. Attorney's fee. Procedure on discontinuance or reduction. As soon as may be after the conclusion of any hearing, but
no later than one hundred twenty days after such conclusion, the commissioner shall
send to each party a written copy of the commissioner's findings and award. The commissioner shall, as part of the written award, inform the employee or the employee's
dependent, as the case may be, of any rights the individual may have to an annual cost-of-living adjustment or to participate in a rehabilitation program under the provisions
of this chapter. The commissioner shall retain the original findings and award in said
commissioner's office. If no appeal from the decision is taken by either party within
twenty days thereafter, such award shall be final and may be enforced in the same manner
as a judgment of the Superior Court. The court may issue execution upon any uncontested
or final award of a commissioner in the same manner as in cases of judgments rendered
in the Superior Court; and, upon the filing of an application to the court for an execution,
the commissioner in whose office the award is on file shall, upon the request of the clerk
of said court, send to the clerk a certified copy of such findings and award. In cases where,
through the fault or neglect of the employer or insurer, adjustments of compensation have
been unduly delayed, or where through such fault or neglect, payments have been unduly
delayed, the commissioner may include in the award interest at the rate prescribed in
section 37-3a and a reasonable attorney's fee in the case of undue delay in adjustments
of compensation and may include in the award in the case of undue delay in payments
of compensation, interest at twelve per cent per annum and a reasonable attorney's fee.
Payments not commenced within thirty-five days after the filing of a written notice of
claim shall be presumed to be unduly delayed unless a notice to contest the claim is
filed in accordance with section 31-297. In cases where there has been delay in either
adjustment or payment, which delay has not been due to the fault or neglect of the
employer or insurer, whether such delay was caused by appeals or otherwise, the commissioner may allow interest at such rate, not to exceed the rate prescribed in section
37-3a, as may be fair and reasonable, taking into account whatever advantage the employer or insurer, as the case may be, may have had from the use of the money, the
burden of showing that the rate in such case should be less than the rate prescribed in
section 37-3a to be upon the employer or insurer. In cases where the claimant prevails
and the commissioner finds that the employer or insurer has unreasonably contested
liability, the commissioner may allow to the claimant a reasonable attorney's fee. No
employer or insurer shall discontinue or reduce payment on account of total or partial
incapacity under any such award, if it is claimed by or on behalf of the injured person
that such person's incapacity still continues, unless such employer or insurer notifies
the commissioner and the employee of such proposed discontinuance or reduction in
the manner prescribed in section 31-296 and the commissioner specifically approves
such discontinuance or reduction in writing. The commissioner shall render the decision
within fourteen days of receipt of such notice and shall forward to all parties to the claim
a copy of the decision not later than seven days after the decision has been rendered. If
the decision of the commissioner finds for the employer or insurer, the injured person
shall return any wrongful payments received from the day designated by the commissioner as the effective date for the discontinuance or reduction of benefits. Any employee
whose benefits for total incapacity are discontinued under the provisions of this section
and who is entitled to receive benefits for partial incapacity as a result of an award, shall
receive those benefits commencing the day following the designated effective date for
the discontinuance of benefits for total incapacity. In any case where the commissioner
finds that the employer or insurer has discontinued or reduced any such payment without
having given such notice and without the commissioner having approved such discontinuance or reduction in writing, the commissioner shall allow the claimant a reasonable
attorney's fee together with interest at the rate prescribed in section 37-3a on the discontinued or reduced payments.
(1949 Rev., S. 7449; 1951, S. 3049d; 1958 Rev., S. 31-176; 1961, P.A. 491, S. 22; 1967, P.A. 692, S. 1; 842, S. 10;
P.A. 75-122; P.A. 79-80; P.A. 83-114, S. 2; P.A. 84-180, S. 2; 84-299, S. 3; P.A. 85-64, S. 1, 2; P.A. 88-106, S. 3; P.A.
89-17; 89-316, S. 1; P.A. 91-339, S. 19; P.A. 93-228, S. 13, 35; P.A. 01-22, S. 3.)
History: 1961 act entirely replaced previous provisions; 1967 acts deleted references to "original findings" and specified
that claimant may be allowed reasonable attorneys fees where commissioner finds that employer or insurer has unreasonably
contested liability; P.A. 75-122 added provisions re procedure for discontinuance of payments; P.A. 79-80 specified that
six per cent interest applies "in the case of undue delay in adjustments of compensation", allowed twelve per cent interest
where there is undue delay in payments and defined undue delay; P.A. 83-114 provided that the commissioner shall inform
the individual, as part of the written award, of his rights to an annual cost-of-living adjustment under this chapter; P.A.
84-180 required the commissioner to inform the employee in the award of his right to participate in a rehabilitation program;
P.A. 84-299 provided that payments not made within thirty-five days after the filing of a claim shall be considered "unduly
delayed" unless the claim has been timely contested; P.A. 85-64 required the commissioner to send each party a written
copy of his award within one hundred twenty days of the conclusion of hearings on the claim; P.A. 88-106 added the
provisions regarding reduction of benefits and provided for an award of attorneys' fees in cases of undue delay in adjustments
and payments resulting from the fault or neglect of an employer or insurer; P.A. 89-17 increased the rate of interest from
six per cent to ten per cent for all cases except cases where payments are discontinued or reduced without notice and
approval; P.A. 89-316 changed the rates of allowable interest from specific percentages enacted under P.A. 89-17 to the
rate prescribed in Sec. 37-3a; P.A. 91-339 required the commissioner to send to each party a written copy of his findings;
P.A. 93-228 added provisions modifying procedures re discontinuances or reductions in workers' compensation benefits,
effective July 1, 1993; P.A. 01-22 increased time for taking an appeal from the decision of the commissioner from ten to
twenty days and made technical changes for the purpose of gender neutrality.
What the finding should contain. 90 C. 540; 94 C. 262; id., 627; 96 C. 354; 97 C. 78; 114 C. 393; 117 C. 603. Prolix
and evidential finding criticized. 103 C. 708. Commissioner may make his memorandum of decision part of the finding.
100 C. 389; 103 C. 104; id., 428. Commissioner must expressly find subordinate facts on which his conclusions rest. 104
C. 463. Correction of finding. 124 C. 296; 130 C. 423; id., 478; id., 482. Finding as to causal connection. 123 C. 405.
Finding of incapacity must be based on extent and consequent loss of earning power due to susceptibility due to dermatitis.
125 C. 140. When it appears claimant may establish claim on retrial, case is remanded. 118 C. 29; 130 C. 1. When award
not appealed from, finding becomes final on subsequent hearing for further compensation. 109 C. 599. When award
becomes final judgment. 112 C. 370. Award may be enforced in same manner as judgment of superior court. 126 C. 491.
Motion to erase proper method to raise question whether there was a judgment from which appeal might be taken. 123 C.
103. Judgment of superior court interlocutory ruling, not final. 126 C. 522. Cited. 165 C. 338, 349. All appeals since 1972
amendments should be taken from the court of common pleas. Hence reservation from the superior court under section
31-324 was dismissed for lack of jurisdiction. 168 C. 84. Cited. 169 C. 646, 653. Cited. 208 C. 576, 579, 580, 588. Cited.
212 C. 441, 450. Cited. 219 C. 439, 447, 448. Cited. 224 C. 441. Cited. 237 C. 71-73, 76-81. Cited. Id., 378, 386. Attorney's
fees awarded under section do not constitute "payments due under an award" pursuant to Sec. 31-303, and are not subject
to a penalty as a late payment thereunder. 260 C. 21.
Where no specific time limit set under statute for finding and award to be made, commissioner does not lose jurisdiction
to render decision after certain lapse of time. 2 CA 689, 690. Cited. 7 CA 142, 147, 148. Cited. 12 CA 138, 141. Cited. 21
CA 464, 466. Cited. 22 CA 539, 542, 543, 548; judgment reversed and case remanded to appellate court with direction to
affirm decision of compensation review division, see 219 C. 439 et seq. Cited. 26 CA 194, 195, 197. Cited. 28 CA 113,
114, 120, 125. Cited. 33 CA 667, 668. Cited. 39 CA 717, 720. Cited. 40 CA 36, 38. Cited. 45 CA 324. Cited. Id., 499.
Plaintiff's conduct constituted an implied waiver of her right to have commissioner's decision vacated for failure to issue
decision within time limit. 49 CA 339. Court was within discretion to deny request to execute a voluntary agreement that
was not a final settlement; section granted trial court subject matter jurisdiction in matter. 58 CA 45. Finding that employer
or insurer acted in an unreasonable manner or caused undue delay is necessary to predicate an order to pay attorney's fees
pursuant to this statute. 65 CA 592. Where commissioner failed to issue decision within mandatory time period and
defendant objected to the decision on the day of its eventual issuance, it was held that defendant had not waived any
objection to the late issuance since there is no requirement that a party object to a decision prior to its issuance. 72 CA 497.
Award has the force of judgment but execution on plaintiff's award was denied where defendant had action pending
in superior court to determine whether plaintiff could keep award and retain proceeds from a Massachusetts death action
based on same loss. 27 CS 382. Cited. 28 CS 5. Cited. 39 CS 386, 388, 390.
Sec. 31-301. Appeals to the Compensation Review Board. Payment of award
during pendency of appeal. (a) At any time within twenty days after entry of an award
by the commissioner, after a decision of the commissioner upon a motion or after an
order by the commissioner according to the provisions of section 31-299b, either party
may appeal therefrom to the Compensation Review Board by filing in the office of the
commissioner from which the award or the decision on a motion originated an appeal
petition and five copies thereof. The commissioner within three days thereafter shall
mail the petition and three copies thereof to the chief of the Compensation Review Board
and a copy thereof to the adverse party or parties.
(b) The appeal shall be heard by the Compensation Review Board as provided in
section 31-280b. The Compensation Review Board shall hear the appeal on the record
of the hearing before the commissioner, provided, if it is shown to the satisfaction of
the board that additional evidence or testimony is material and that there were good
reasons for failure to present it in the proceedings before the commissioner, the Compensation Review Board may hear additional evidence or testimony.
(c) Upon the final determination of the appeal by the Compensation Review Board,
but no later than one year after the date the appeal petition was filed, the Compensation
Review Board shall issue its decision, affirming, modifying or reversing the decision
of the commissioner. The decision of the Compensation Review Board shall include its
findings, conclusions of law and award.
(d) When any appeal is pending, and it appears to the Compensation Review Board
that any part of the award appealed from is not affected by the issues raised by the
appeal, the Compensation Review Board may, on motion or of its own motion, render
a judgment directing compliance with any portion of the award not affected by the
appeal; or if the only issue raised by the appeal is the amount of the average weekly
wage for the purpose of determining the amount of compensation, as provided in section
31-310, the commissioner shall, on motion of the claimant, direct the payment of the
portion of the compensation payable under his award that is not in dispute, if any, pending
final adjudication of the disputed portion thereof. In all appeals in which one of the
parties is not represented by counsel, and in which the party taking the appeal does not
prosecute the case within a reasonable time from the date of appeal, the Compensation
Review Board may, of its own motion, affirm, reverse or modify the award.
(e) When an appeal is taken to the Compensation Review Board, the chief clerk
thereof shall notify the commissioner from whose award the appeal was taken, in writing,
of any action of the Compensation Review Board thereon and of the final disposition
of the appeal, whether by judgment, withdrawal or otherwise, and shall upon the decision
of the appeal, furnish the commissioner with a copy of the decision. Whenever any
appeal is pending, if it appears to the Compensation Review Board that justice so requires, the Compensation Review Board shall order a certified copy of the evidence for
the use of the employer, the employee or both, and the certified copy shall be made
a part of the record on the appeal. The procedure in appealing from an award of the
commissioner shall be the same as the procedure employed in an appeal from the Superior Court to the Supreme Court, where applicable. The chairman of the Workers' Compensation Commission shall adopt regulations, in accordance with the provisions of
chapter 54, to establish rules, methods of procedure and forms as the chairman deems
expedient for the purposes of this chapter.
(f) During the pendency of any appeal of an award made pursuant to this chapter,
the claimant shall receive all compensation and medical treatment payable under the
terms of the award to the extent the compensation and medical treatment are not being
paid by any health insurer or by any insurer or employer who has been ordered, pursuant
to the provisions of subsection (a) of this section, to pay a portion of the award. The
compensation and medical treatment shall be paid by the employer or its insurer.
(g) If the final adjudication results in the denial of compensation to the claimant,
and he has previously received compensation on the claim pursuant to subsection (f)
and this subsection, the claimant shall reimburse the employer or its insurer for all sums
previously expended, plus interest at the rate of ten per cent per annum. Upon any such
denial of compensation, the commissioner who originally heard the case or his successor
shall conduct a hearing to determine the repayment schedule for the claimant.
(1949 Rev., S. 7450; 1958 Rev., S. 31-177; 1961, P.A. 491, S. 23; 1963, P.A. 642, S. 85; 1967, P.A. 692, S. 2; 1972,
P.A. 108, S. 6; P.A. 74-183, S. 268, 291; P.A. 76-436, S. 231, 681; P.A. 78-280, S. 1, 127; P.A. 79-540, S. 3; P.A. 81-155,
S. 2; 81-472, S. 144, 159; P.A. 84-133; P.A. 86-27; 86-56; P.A. 91-32, S. 19, 41; 91-339, S. 20, 55; P.A. 95-277, S. 9, 19;
P.A. 01-22, S. 1.)
History: 1961 act entirely replaced previous provisions; 1963 act allowed appeals after commissioner's decision upon
a motion and required that appeals be made to court for county where injury occurred rather than county where award was
filed, adding provision re court for appeal when injury occurred outside state; 1967 act deleted references to findings of
commissioners and specified that appeal procedure is same as for appeals from superior court to supreme court; 1972 act
replaced superior court with court of common pleas throughout section, effective September 1, 1972, except that courts
with cases pending retain jurisdiction; P.A. 74-183 added references to judicial districts and made appeal procedure same
as for appeals from court of common pleas to superior court, effective December 31, 1974; P.A. 76-436 replaced court of
common pleas with superior court and deleted provision re appeal procedure, effective July 1, 1978; P.A. 78-280 deleted
references to counties; P.A. 79-540 replaced provisions re appeals to superior court with new provisions re appeals to
compensation review division; P.A. 81-155 permitted the appeal of orders made by the commissioner according to the
provisions of Sec. 31-299b; P.A. 81-472 made technical changes; P.A. 84-133 added Subsec. (b), providing for the payment
of compensation and benefits due under an occupational disease award during the pendency of any appeal of such award;
P.A. 86-27 provided that compensation and benefits due under any award made pursuant to this chapter shall be paid by
the second injury fund during the pendency of any appeal of the award; P.A. 86-56 required the compensation review
division to issue its decision on any appeal within one year of the filing of the appeal petition, except that any decision on
an appeal pending on October 1, 1986, shall be issued within one year of said date; P.A. 91-32 divided existing Subsec.
(a) into Subsecs. (a) to (e), inclusive, divided existing Subsec. (b) into Subsecs. (f) and (g) and made technical changes;
P.A. 91-339 changed "compensation review division" to "compensation review board", changed "chairman" to "chief"
of the board, added reference to Sec. 31-380b in Subsec. (b) and authorized the chairman of the workers' compensation
commission to adopt regulations in Subsec. (e); P.A. 95-277 amended Subsec. (f) to provide that the compensation and
medical treatment of the injured employee be paid by the employer or its insurer rather than Second Injury Fund and, in
Subsec. (g) substituted references to "Second Injury Fund" with "employer or its insurer" to reflect the closing of the
Second Injury Fund and deleted provision re reimbursement of Second Injury Fund by employer, effective July 1, 1995;
P.A. 01-22 amended Subsec. (a) by increasing the time to take an appeal from ten to twenty days.
Appeal does not open the case for trial de novo. 89 C. 143, 150; id., 370; 92 C. 90. The commissioner's finding is part
of the record and may be corrected by the superior court in the same manner as the finding of a trial court by the supreme
court. 90 C. 446; 91 C. 531; 92 C. 90; 93 C. 94; 95 C. 673; 96 C. 634; 98 C. 287; id., 755; 99 C. 355; 103 C. 429; 104 C.
537; 107 C. 251. Nature of the appeal and correction of finding by superior court fully reviewed. 102 C. 514. There is no
appeal from an award of commissioner made in compliance with the decision of the superior court on a former appeal;
appeal must be to the supreme court from the superior court decision. 108 C. 159. There is no appeal from refusal of
commissioner to rehear the case or alter his finding. 101 C. 358; 108 C. 161. Conclusion of fact based on subordinate facts
is reviewable by the court. 100 C. 347; 102 C. 5; id., 237; id., 472. If the court materially alters the finding, it should
recommit it to the commissioner to decide on the altered facts. 97 C. 77; 106 C. 254. Where the facts found are too indefinite
to support the award, finding should be recommitted to commissioner. 102 C. 238; 106 C. 215; id., 253; 107 C. 171; id.,
647. What justifies setting award aside. 93 C. 83; 94 C. 9; 96 C. 299. Court should not set aside award because it differs
with the commissioner as to preponderance of evidence. 106 C. 109. Reasons of appeal and answer thereto should be filed
in the court. 91 C. 227. Superior court cannot change finding unless commissioner has found facts without evidence or
has reached unreasonable conclusions. 120 C. 606; 121 C. 56; id., 483; id., 541; id., 708; 122 C. 129. Motion to erase
proper method to raise question whether there was a judgment from which appeal might be taken. 123 C. 103. Expense
of printing testimony not taxable as costs on appeal. 109 C. 737. When entire transcript may properly be filed. 121 C. 274.
When testimony necessary for proper determination of case is not presented, case remanded for further hearing. 121 C.
274. Cited. 132 C. 209. Where motion to open award is made by party who intends to appeal from award if motion is
denied, he may postpone the filing of the appeal until the motion is determined. 134 C. 269. Where commissioner failed
to pass upon specific claim potentially decisive of the case, it should be returned for further proceedings. 138 C. 482. Cited.
141 C. 321. Section affects the court to which appeal is taken not employee's right to compensation. Appeal brought to
superior court after Sept. 1, 1972 was brought to wrong court and superior court has no jurisdiction. 169 C. 646, 648, 650,
652-654. Cited. 179 C. 662, 665. Cited. 207 C. 420, 423. Cited. 213 C. 54, 55. Cited. 217 C. 143, 149, 150. Cited. 220 C.
739, 745. Cited. 232 C. 758, 764. Cited. 233 C. 14, 19. Cited. 235 C. 790, 795. Cited. 239 C. 408. Cited. 240 C. 788.
Provision re payment deadline applies when payment is due under an award by compensation review board. 249 C. 365.
Ten-day appeal period tolled when aggrieved party establishes that, through no fault of his own, he did not receive notice
of commissioner's decision within ten days of the date it was sent. 250 C. 581. Provision re ten-day period for appeal
commences on the date notice is sent to a party's counsel. Id., 592.
Cited. 1 CA 142, 145, 147. Cited. 7 CA 142, 148. Cited. 11 CA 693-696, 698. Cited. 16 CA 138, 140. Cited. 33 CA
695, 696; judgment reversed, see 231 C. 469 et seq. P.A. 91-339, Sec. 20 cited. Id. Cited. 36 CA 150, 152. Cited. Id., 298,
301. Cited. 38 CA 1, 4. Cited. 39 CA 717, 721. Cited. 45 CA 199. In matter where the issue was causation of injury, board
did not improperly substitute its factual findings for those of commissioner but rather determined that commissioner's
finding could not stand without the support of expert medical testimony and properly refused to remand the case for further
proceedings. 62 CA 440.
Authority to extend time for taking an appeal. 9 CS 38. Imposes on party seeking the order, the burden of showing (1)
inability to pay and (2) that justice requires the action of the commissioner be appealed from. Id., 379. A plea in abatement
and not a motion to expunge is appropriate remedy to attack appeal not brought within ten days. 15 CS 33. Cited. 17 CS
288; 27 CS 410. Amendment of October 1, 1967, applied to pending appeal which was then dismissed for failure to
prosecute with due diligence. 24 CS 411. Cited. 38 CS 648, 650.
Subsec. (a):
Cited. 206 C. 242, 244. Cited. 207 C. 420, 423, 440. Cited. Id., 535, 538, 541, 542, 546. Cited. 212 C. 441, 448. Cited.
220 C. 739, 742, 743. Cited. 227 C. 333, 340, 346, 348. Cited. 228 C. 535, 537, 544. Cited. 231 C. 469, 475, 478. Cited.
232 C. 758, 759, 776, 778. Cited. 235 C. 790, 795, 797, 798. Cited. 237 C. 1, 3. Cited. 241 C. 282.
Cited. 11 CA 693, 696, 697. Cited. 33 CA 495, 498. Cited. Id., 695, 699. Proper interpretation of limitation period
contained in this section is that ten-day period begins to run on day on which party wanting appeal is sent meaningful
notice of commissioner's decision. 36 CA 298-300, 302-304. Cited. 37 CA 392, 394. Cited. 39 CA 717, 719, 720. Cited.
45 CA 199. Cited. 46 CA 298. Ten-day appeal period begins to run on day on which party wanting to appeal is sent
meaningful notice of commissioner's decision. 49 CA 1. Notice must be sent directly to plaintiff, not plaintiff's attorney,
in order for appeal period to commence. 51 CA 92.
Subsec. (b):
Cited. 227 C. 333, 334. Cited. 231 C. 287, 292. Cited. 239 C. 408. Cited. 240 C. 788.
Subsec. (c):
It is implicit in statutory authority to reverse a decision of the trial commissioner that board may remand a case for a
new hearing. 251 C. 153. Legislature did not intend to impose unstated limitations on review board's discretion to order
appropriately adjudicated new hearings. Id.
Cited. 34 CA 673, 678.
Subsec. (f):
Should be applied retroactively to all cases not actually transferred to the fund prior to the date provision became
effective; concurring opinion based on legislative intent. 243 C. 311.
Sec. 31-301a. Decision of Compensation Review Board. Any decision of the
Compensation Review Board, in the absence of an appeal therefrom, shall become final
after a period of twenty days has expired from the issuance of notice of the rendition of
the judgment or decision.
(P.A. 79-540, S. 4; P.A. 91-339, S. 21, 55.)
History: P.A. 91-339 changed "compensation review division" to "compensation review board".
Awards become final if and when parties fail to appeal within applicable statutory time period and are not "pending
matters" subject to modification based on subsequent changes in law. 244 C. 1.
Cited. 28 CA 113, 122.
Sec. 31-301b. Appeal of decision of Compensation Review Board. Any party
aggrieved by the decision of the Compensation Review Board upon any question or
questions of law arising in the proceedings may appeal the decision of the Compensation
Review Board to the Appellate Court.
(P.A. 79-540, S. 5; June Sp. Sess. P.A. 83-29, S. 15, 82; P.A. 91-339, S. 22, 55.)
History: June Sp. Sess. P.A. 83-29 deleted reference to appellate session of the superior court and included reference
to appellate court; P.A. 91-339 changed "compensation review division" to "compensation review board".
Cited. 193 C. 59, 64, 66. Cited. 206 C. 242, 245. Cited. 218 C. 181, 184-186. Cited. 219 C. 674, 676. Cited. 223 C.
376, 378. Cited. 226 C. 569, 572. Cited. 227 C. 261, 262. Cited. 228 C. 401, 403. Cited. Id., 535, 538. Cited. 231 C. 287,
292. Cited. Id., 469, 470. Cited. 235 C. 790, 796. Cited. 239 C. 676. Cited. 241 C. 282. Awards become final if and when
parties fail to appeal within applicable statutory time period and are not "pending matters" subject to modification based
on subsequent changes in law. 244 C. 1. Defendant was an aggrieved party for purpose of appeal to Appellate Court. 245
C. 437. In order for decision of review board to be appealable under this section, it must be a decision that has the same
elements of finality as a final judgment rendered by a trial court. 246 C. 281. Meaning of "any party" discussed. 250 C. 147.
Cited. 3 CA 162-164. Cited. Id., 335. Cited. Id., 370, 373. Cited. 6 CA 45. Cited. Id., 498, 499. Cited. 13 CA 566, 567.
Cited. 21 CA 107, 110. Cited. 26 CA 194, 200. Cited. 28 CA 113, 122. Cited. 33 CA 495, 496. Cited. Id., 695, 696. Cited.
36 CA 298. Cited. 37 CA 392, 393. Cited. Id., 648, 649. Cited. 38 CA 1, 2. Cited. 39 CA 653. Cited. 41 CA 116, 119.
Cited. 45 CA 199.
Sec. 31-301c. Costs of appeal. Interest added to award affirmed on appeal.
(a) No costs shall be taxed in favor of either party on any such appeal either in the
Compensation Review Board or in the Appellate Court, and no party shall be liable to
pay any fees or costs in connection therewith, except the record fee on appeal to the
Supreme Court; provided, if an appeal is taken to the Appellate Court from a decision
of the Compensation Review Board, and such appeal is found by said court to be either
frivolous or taken for the purpose of vexation or delay, said court may tax costs in its
discretion against the person so taking the appeal.
(b) Whenever an employer or his insurer appeals a commissioner's award, and upon
completion of the appeal process the employer or insurer loses such appeal, the Compensation Review Board or the Appellate Court, as the case may be, shall add interest on
the amount of such award affirmed on appeal and not paid to the claimant during the
pendency of such appeal, from the date of the original award to the date of the final
appeal decision, at the rate prescribed in section 37-3a.
(P.A. 79-540, S. 6; June Sp. Sess. P.A. 83-29, S. 30, 82; P.A. 84-288; P.A. 89-316, S. 2; P.A. 91-339, S. 23, 55.)
History: June Sp. Sess. P.A. 83-29 deleted reference to appellate session of the superior court and added reference to
appellate court; P.A. 84-288 added Subsec. (b), which provides that the final arbiter of an appeal on an award shall add
six per cent interest to the amount of the award which is unpaid and affirmed by his decision; P.A. 89-316 amended Subsec.
(b) to change the rate of interest from six per cent per annum to the rate "prescribed in section 37-3a"; P.A. 91-339 changed
"compensation review division" to "compensation review board".
Sec. 31-301d. Power of Compensation Review Board re witnesses and production of evidence. Enforcement of order. The Compensation Review Board and each
member thereof shall have the same power in summoning and examining witnesses and
in requiring production of evidence as is vested in each commissioner under section 31-278. The Superior Court, on application of the chief of the Compensation Review Board,
may enforce by appropriate decree or process, any provision of this chapter or any proper
order of the Compensation Review Board rendered pursuant to any such provision.
(P.A. 79-540, S. 8; P.A. 80-483, S. 96, 186; P.A. 91-339, S. 24, 55.)
History: P.A. 80-483 substituted "pursuant to" for "in pursuance of"; P.A. 91-339 changed "compensation review
division" to "compensation review board" and "chairman" to "chief" of the board.
Sec. 31-302. Payment of compensation. Commutation into monthly, quarterly
or lump sums. Compensation payable under this chapter shall be paid at the particular
times in the week and in the manner the commissioner may order, and shall be paid
directly to the persons entitled to receive them unless the commissioner, for good reason,
orders payment to those entitled to act for such persons, except that when the commissioner finds it just or necessary, the commissioner may approve or direct the commutation, in whole or in part, of weekly compensation under the provisions of this chapter
into monthly or quarterly payments, or into a single lump sum, which may be paid to
the one then entitled to the compensation, and the commutation shall be binding upon all
persons entitled to compensation for the injury in question. In any case of commutation, a
true equivalence of value shall be maintained, with due discount of sums payable in the
future; and, when commutation is made into a single lump sum, (1) the commissioner
may direct that it be paid to any savings bank, trust company or life insurance company
authorized to do business within this state, to be held in trust for the beneficiary or
beneficiaries under the provisions of this chapter and paid in conformity with the provisions of this chapter, and (2) the parties, by agreement and with approval of the commissioner, may prorate the single lump sum over the life expectancy of the injured employee.
(1949 Rev., S. 7451; 1958 Rev., S. 31-178; 1961, P.A. 491, S. 24; P.A. 91-32, S. 20, 41; P.A. 04-214, S. 1.)
History: 1961 act entirely replaced previous provisions; P.A. 91-32 made technical changes; P.A. 04-214 made a
technical change, designated existing provisions re lump sum payments as Subdiv. (1), and added Subdiv. (2) to allow
prorating of lump sum payments over life expectancy of injured employee, effective June 3, 2004.
Commutation can be made only when the compensation period is definite. 96 C. 674; 98 C. 236; 108 C. 644. When
commutation may be made in cases of total or partial incapacity. 120 C. 541. Award commuted into lump sum becomes
final judgment. 126 C. 491. Award did not establish existence of a compensable claim. 137 C. 185. Cited. 208 C. 576,
587. Cited. 226 C. 569, 576.
Cited. 26 CA 194, 198.
Record of agreement for lump-sum payment improperly excluded in action for damages for injury to person since it
would have contradicted plaintiff's statement that at time of injury sued on he was suffering from no other disability. 3
Conn. Cir. Ct. 371.
Sec. 31-303. Day when compensation payments become due. Penalty for late
payments. Payments agreed to under a voluntary agreement shall commence on or
before the twentieth day from the date of agreement. Payments due under an award shall
commence on or before the twentieth day from the date of such award. Payments due
from the Second Injury Fund shall be payable on or before the twentieth business day
after receipt of a fully executed agreement. Any employer who fails to pay within the
prescribed time limitations of this section shall pay a penalty for each late payment, in
the amount of twenty per cent of such payment, in addition to any other interest or
penalty imposed pursuant to the provisions of this chapter.
(1959, P.A. 580, S. 21; 1961, P.A. 491, S. 26; P.A. 89-70, S. 1, 2; P.A. 93-228, S. 14, 35; P.A. 04-47, S. 1.)
History: 1961 act entirely replaced previous provisions; P.A. 89-70 added the provision allowing the second injury
fund ten business days to make payments; P.A. 93-228 added provision imposing twenty per cent penalty, in addition to
interest and other existing penalties, on compensation payments which are paid more than ten days after the date of the
agreement or award, effective July 1, 1993; P.A. 04-47 replaced references to "tenth" day with references to "twentieth"
day, effective May 4, 2004.
Cited. 233 C. 14, 24. Phrase "payments due under an award" does not encompass attorney's fees included in an award
pursuant to Sec. 31-300, and such attorney's fees are not subject to penalty as a late payment thereunder. 260 C. 21.
Penalty provision applicable to workers' compensation cases resolved by stipulation. 54 CA 841. Penalty provision
may be applied before effective date. Id.