Substitute Senate Bill No. 976
Substitute Senate Bill No. 976
PUBLIC ACT NO. 97-205
AN ACT RESTORING WORKERS' COMPENSATION
COST-OF-LIVING ADJUSTMENTS FOR WIDOWS, WIDOWERS,
ORPHANS AND TOTALLY DISABLED WORKERS AND INCLUDING
CERTAIN ACTIVITIES WITHIN THE DEFINITION OF INJURY
UNDER WORKERS' COMPENSATION.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subparagraph (B) of subdivision
(16) of section 31-275 of the general statutes is
repealed and the following is substituted in lieu
thereof:
(B) "Personal injury" or "injury" shall not be
construed to include:
(i) An injury to an employee which results
from his voluntary participation in any activity
the major purpose of which is social or
recreational, including, but not limited to,
athletic events, parties and picnics, whether or
not the employer pays some or all of the cost of
such activity;
(ii) A mental or emotional impairment, unless
such impairment arises from a physical injury or
occupational disease; [or]
(iii) A mental or emotional impairment which
results from a personnel action, including, but
not limited to, a transfer, promotion, demotion or
termination; OR
(iv) NOTWITHSTANDING THE PROVISIONS OF CLAUSE
(i) OF THIS SUBPARAGRAPH, "PERSONAL INJURY" OR
"INJURY" INCLUDES INJURIES TO EMPLOYEES OF LOCAL
OR REGIONAL BOARDS OF EDUCATION RESULTING FROM
PARTICIPATION IN A SCHOOL-SPONSORED ACTIVITY BUT
DOES NOT INCLUDE ANY INJURY INCURRED WHILE GOING
TO OR FROM SUCH ACTIVITY. AS USED IN THIS CLAUSE,
"SCHOOL-SPONSORED ACTIVITY" MEANS ANY ACTIVITY
SPONSORED, RECOGNIZED OR AUTHORIZED BY A BOARD OF
EDUCATION AND INCLUDES ACTIVITIES CONDUCTED ON OR
OFF SCHOOL PROPERTY AND "PARTICIPATION" MEANS
ACTING AS A CHAPERONE, ADVISOR, SUPERVISOR OR
INSTRUCTOR AT THE REQUEST OF AN ADMINISTRATOR WITH
SUPERVISORY AUTHORITY OVER THE EMPLOYEE.
Sec. 2. Subdivision (1) of subsection (b) of
section 31-280 of the general statutes is repealed
and the following is substituted in lieu thereof:
(1) Establish workers' compensation districts
and district offices within the state, [and]
assign compensation commissioners to the districts
to hear all matters arising under this chapter
within the districts AND MAY REASSIGN COMPENSATION
COMMISSIONERS ONCE EACH YEAR, EXCEPT THAT WHEN
THERE IS A VACANCY, ILLNESS OR OTHER EMERGENCY, OR
WHEN UNEXPECTED CASELOAD INCREASES REQUIRE, THE
CHAIRMAN MAY REASSIGN COMPENSATION COMMISSIONERS
MORE THAN ONCE EACH YEAR.
Sec. 3. Subsection (a) of section 31-306 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Compensation shall be paid to dependents
on account of death resulting from an accident
arising out of and in the course of employment or
from an occupational disease as follows:
(1) Four thousand dollars shall be paid for
burial expenses in any case where the employee
died on or after October 1, 1988. If there is no
one wholly or partially dependent upon the
deceased employee, the burial expenses of four
thousand dollars shall be paid to the person who
assumes the responsibility of paying the funeral
expenses.
(2) To those wholly dependent upon the
deceased employee at the date of his injury, a
weekly compensation equal to seventy-five per cent
of the average weekly earnings of the deceased
calculated pursuant to section 31-310, after such
earnings have been reduced by any deduction for
federal or state taxes, or both, and for the
federal Insurance Contributions Act made from such
employee's total wages received during the period
of calculation of the employee's average weekly
wage pursuant to said section 31-310, as of the
date of the injury but not more than the maximum
weekly compensation rate set forth in section
31-309 for the year in which the injury occurred
or less than twenty dollars weekly. (A) The weekly
compensation rate of each dependent entitled to
receive compensation under this section as a
result of death arising from a compensable injury
occurring on or after October 1, 1977, [and before
July 1, 1993,] shall be adjusted annually as
provided in this subdivision as of the following
October first, and each subsequent October first,
to provide the dependent with a cost-of-living
adjustment in his weekly compensation rate as
determined as of the date of the injury under
section 31-309. If the maximum weekly compensation
rate, as determined under the provisions of said
section 31-309, to be effective as of any October
first following the date of the injury, is greater
than the maximum weekly compensation rate
prevailing at the date of the injury, the weekly
compensation rate which the injured employee was
entitled to receive at the date of the injury
shall be increased by the percentage of the
increase in the maximum weekly compensation rate
required by the provisions of said section 31-309
from the date of the injury to such October first.
The cost-of-living increases provided under this
subdivision shall be paid by the employer without
any order or award from the commissioner. The
adjustments shall apply to each payment made in
the next succeeding twelve-month period commencing
with the October first next succeeding the date of
the injury. WITH RESPECT TO ANY DEPENDENT
RECEIVING BENEFITS ON THE EFFECTIVE DATE OF THIS
ACT WITH RESPECT TO ANY INJURY OCCURRING ON OR
AFTER JULY 1, 1993, AND BEFORE THE EFFECTIVE DATE
OF THIS ACT, SUCH BENEFIT SHALL BE RECALCULATED TO
THE EFFECTIVE DATE OF THIS ACT AS IF SUCH BENEFITS
HAD BEEN SUBJECT TO RECALCULATION ANNUALLY UNDER
THIS SUBPARAGRAPH. THE DIFFERENCE BETWEEN THE
AMOUNT OF ANY BENEFITS WHICH WOULD HAVE BEEN PAID
TO SUCH DEPENDENT IF SUCH BENEFITS HAD BEEN
SUBJECT TO SUCH RECALCULATION AND THE ACTUAL
AMOUNT OF BENEFITS PAID DURING THE PERIOD BETWEEN
SUCH INJURY AND SUCH RECALCULATION SHALL BE PAID
TO THE DEPENDENT NOT LATER THAN DECEMBER 1, 1997,
IN A LUMP-SUM PAYMENT. THE EMPLOYER OR HIS INSURER
SHALL BE REIMBURSED BY THE SECOND INJURY FUND, AS
PROVIDED IN SECTION 31-354, FOR ADJUSTMENTS,
INCLUDING LUMP-SUM PAYMENTS, PAYABLE UNDER THIS
SUBPARAGRAPH FOR DEATHS FROM COMPENSABLE INJURIES
OCCURRING ON OR AFTER JULY 1, 1993, AND BEFORE THE
EFFECTIVE DATE OF THIS ACT, UPON PRESENTATION OF
ANY VOUCHERS AND INFORMATION THAT THE TREASURER
SHALL REQUIRE. (B) The weekly compensation rate of
each dependent entitled to receive compensation
under this section as a result of death arising
from a compensable injury occurring on or before
September 30, 1977, shall be adjusted as of
October 1, 1977, and October 1, 1980, and
thereafter, as provided in this subdivision to
provide the dependent with partial cost-of-living
adjustments in his weekly compensation rate. As of
October 1, 1977, the weekly compensation rate paid
prior to October 1, 1977, to the dependent shall
be increased by twenty-five per cent. The partial
cost-of-living adjustment provided under this
subdivision shall be paid by the employer without
any order or award from the commissioner. In
addition, as of October 1, 1980, and on each
subsequent October first, the weekly compensation
rate of each dependent shall be increased to
provide further cost-of-living adjustments in his
weekly compensation rate. If the maximum weekly
compensation rate as determined under the
provisions of said section 31-309 existing on
October 1, 1977, to be effective as of any October
first following October 1, 1979, is greater than
the compensation rate prevailing on October 1,
1979, the weekly compensation rate shall be
increased by the percentage of the increase in the
maximum compensation rate over the maximum
compensation rate of October 1, 1979, as
determined under the provisions of said section
31-309 existing on October 1, 1977. The cost of
the adjustments shall be paid by the employer or
his insurance carrier who shall be reimbursed
therefor from the Second Injury Fund as provided
in section 31-354 upon presentation of any
vouchers and information that the Treasurer shall
require.
(3) If the surviving spouse is the sole
presumptive dependent, compensation shall be paid
until death or remarriage.
(4) If there is a presumptive dependent spouse
surviving and also one or more presumptive
dependent children, all of which children are
either children of the surviving spouse or are
living with the surviving spouse, the entire
compensation shall be paid to the surviving spouse
in the same manner and for the same period as if
the surviving spouse were the sole dependent. If,
however, any of the presumptive dependent children
are neither children of the surviving spouse nor
living with the surviving spouse, the compensation
shall be divided into as many parts as there are
presumptive dependents. The shares of any children
having a presumptive dependent parent shall be
added to the share of the parent and shall be paid
to the parent. The share of any dependent child
not having a surviving dependent parent shall be
paid to the father or mother of the child with
whom the child may be living, or to the legal
guardian of the child, or to any other person, for
the benefit of the child, as the commissioner may
direct.
(5) If the compensation being paid to the
surviving presumptive dependent spouse terminates
for any reason, or if there is no surviving
presumptive dependent spouse at the time of the
death of the employee, but there is at either time
one or more presumptive dependent children, the
compensation shall be paid to the children as a
class, each child sharing equally with the others.
Each child shall receive compensation until the
child reaches the age of eighteen or dies before
reaching age eighteen, provided the child shall
continue to receive compensation up to the
attainment of the age of twenty-two if unmarried
and a full-time student, except any child who has
attained the age of twenty-two while a full-time
student but has not completed the requirements
for, or received, a degree from a postsecondary
educational institution shall be deemed not to
have attained age twenty-two until the first day
of the first month following the end of the
quarter or semester in which he is enrolled at the
time, or if he is not enrolled in a quarter or
semester system, until the first day of the first
month following the completion of the course in
which he is enrolled or until the first day of the
third month beginning after such time, whichever
occurs first. When a child's participation ceases,
his share shall be divided among the remaining
eligible dependent children, provided if any
child, when he reaches the age of eighteen years,
is physically or mentally incapacitated from
earning, his right to compensation shall not
terminate but shall continue for the full period
of incapacity.
(6) In all cases where there are no
presumptive dependents, but where there are one or
more persons wholly dependent in fact, the
compensation in case of death shall be divided
according to the relative degree of their
dependence. Compensation payable under this
subdivision shall be paid for not more than three
hundred and twelve weeks from the date of the
death of the employee. The compensation, if paid
to those wholly dependent in fact, shall be paid
at the full compensation rate. The compensation,
if paid to those partially dependent in fact upon
the deceased employee as of the date of the
injury, shall not, in total, be more than the full
compensation rate nor less than twenty dollars
weekly, nor, if the average weekly sum contributed
by the deceased at the date of the injury to those
partially dependent in fact is more than twenty
dollars weekly, not more than the sum so
contributed.
(7) When the sole presumptive dependents are,
at the time of the injury, nonresident aliens and
the deceased has in this state some person or
persons who are dependent in fact, the
commissioner may in his discretion equitably
apportion the sums payable as compensation to the
dependents.
Sec. 4. Section 31-307a of the general
statutes is amended by adding subsection (c) as
follows:
(NEW) (c) On and after the effective date of
this act, the weekly compensation rate of each
employee entitled to receive compensation under
section 31-307 as a result of an injury sustained
on or after July 1, 1993, which totally
incapacitates the employee permanently, shall be
adjusted as provided in this subsection as of
October 1, 1997, or the October first following
the injury date, whichever is later, and annually
on each subsequent October first, to provide the
injured employee with a cost-of-living adjustment
in his weekly compensation rate as determined as
of the date of injury under section 31-309. If the
maximum weekly compensation rate, as determined
under the provisions of said section 31-309, to be
effective as of any October first following the
date of the injury, is greater than the maximum
weekly compensation rate prevailing as of the date
of injury, the weekly compensation rate which the
injured employee was entitled to receive as of the
date of injury shall be increased by the
percentage of the increase in the maximum weekly
compensation rate required by the provisions of
said section 31-309 from the date of the injury to
such October first. The cost-of-living adjustments
provided under this subdivision shall be paid by
the employer without any order or award from the
commissioner. The adjustments shall apply to each
payment made in the next succeeding twelve-month
period commencing with the effective date of this
act or the October first next succeeding the date
of injury, whichever is later. With respect to any
employee receiving benefits on the effective date
of this act with respect to any such injury
occurring on or after July 1, 1993, and before the
effective date of this act or with respect to any
employee who was adjudicated to be totally
incapacitated permanently subsequent to the date
of his injury or is totally incapacitated
permanently due to the fact that the employee has
been totally incapacitated by such an injury for a
period of five years or more, such benefit shall
be recalculated to the effective date of this act,
to the date of such adjudication or to the end of
such five-year period, as the case may be, as if
such benefits had been subject to recalculation
annually under the provisions of this subsection.
The difference between the amount of any benefits
which would have been paid to such employee if
such benefits had been subject to such
recalculation and the actual amount of benefits
paid during the period between such injury and
such recalculation shall be paid to the dependent
not later than December 1, 1997, or thirty days
after such adjudication or the end of such period,
as the case may be, in a lump-sum payment. The
employer or his insurer shall be reimbursed by the
Second Injury Fund, as provided in section 31-354,
for adjustments, including lump-sum payments,
payable under this subsection for compensable
injuries occurring on or after July 1, 1993, and
before the effective date of this act, upon
presentation of any vouchers and information that
the Treasurer shall require.
Sec. 5. Notwithstanding any provision of the
general statutes to the contrary, no employee who
received compensation under section 31-307 of the
general statutes or dependent who received
compensation under section 31-306 of the general
statutes shall be required to reimburse the Second
Injury Fund for any overpayment in
cost-of-living-adjustments determined by the State
Treasurer in accordance with the decision in Karyn
Gil v. Courthouse One et al., 239 Conn. 676
(1997).
Sec. 6. This act shall take effect October 1,
1997.
Approved June 24, 1997