There is a newer version of the Connecticut General Statutes
2009 Connecticut Code
Title 31 Labor
Chapter 568 Workers' Compensation Act
Sec. 31-307b. Benefits after relapse from recovery. Recurrent injuries.
Sec. 31-307b. Benefits after relapse from recovery. Recurrent injuries. If any
employee who receives compensation under section 31-307 returns to work after recovery from his or her injury and subsequently suffers total or partial incapacity caused by
a relapse from the recovery from, or a recurrence of, the injury, the employee shall be
paid a weekly compensation equal to seventy-five per cent of his or her average weekly
earnings as of the date of the original injury or at the time of his or her relapse or at the
time of the recurrence of the injury, whichever is the greater sum, 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, but not more than (1) the maximum compensation rate set pursuant to section 31-309 if the employee suffers total
incapacity, or (2) one hundred per cent, raised to the next even dollar, of the average
weekly earnings of production and related workers in manufacturing in the state, as
determined in accordance with the provisions of section 31-309, if the employee suffers
partial incapacity, for the year in which the employee suffered the relapse or recurrent
injury and the minimum rate under this chapter for that year, and provided (A) the
compensation shall not continue longer than the period of total or partial incapacity
following the relapse or recurrent injury and (B) no employee eligible for compensation
for specific injuries set forth in section 31-308 shall receive compensation under this
section. The employee shall also be entitled to receive the cost-of-living adjustment
provided in accordance with the provisions of section 31-307a commencing on October
first following the relapse or recurrent injury which disables him or her. If the injury
occurred originally prior to October 1, 1969, the difference between the employee's
original weekly compensation rate and the rate required by this section and the cost-of-living adjustment, if any, thereafter due shall be paid initially by the employer or the
employer's insurance carrier who shall be reimbursed for such payment from the Second
Injury Fund as provided by section 31-354 upon presentation of any vouchers and information that the Treasurer shall require. No claim for payment of retroactive benefits
may be made to the Second Injury Fund more than two years after the date on which
the employer or its insurance carrier paid such benefits in accordance with this section.
In no event shall the employee receive more than the prevailing maximum compensation.(1967, P.A. 842, S. 28; 1969, P.A. 696, S. 6; P.A. 79-376, S. 74; P.A. 91-32, S. 25, 41; June Sp. Sess. P.A. 91-12, S. 51; P.A. 93-228, S. 18, 35; P.A. 05-199, S. 6.)
History: 1969 act deleted reference to Sec. 31-306(b), deleted reference to "maximum" recovery from injury and set forth provisions re payments for cost-of-living adjustments; P.A. 79-376 added references to recurrent injuries; P.A. 91-32 made technical changes; June Sp. Sess. P.A. 91-12 changed the weekly compensation allowed under this section from 66.66% of average weekly earnings to 80% of average weekly earnings reduced by deductions for federal taxes and FICA, and provided for maximum compensation in the case of total and partial incapacity; P.A. 93-228 decreased weekly compensation benefits for relapse or recurrence of previous injury from 80% to 75% of employee's average weekly earnings and required that state taxes be deducted in calculating such earnings, effective July 1, 1993; P.A. 05-199 made technical changes and required claims for payment of retroactive benefits under section to be made to Second Injury Fund not more than two years after payment by employer or insurer, effective July 1, 2006.
Claimant need only have recovered sufficiently to have returned to work with medical permission to be entitled to the section's benefits on a relapse or recurrence of injury. 231 C. 529.
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