2011 Connecticut Code
Title 31 Labor
Chapter 568 Workers' Compensation Act
Sec. 31-303. Day when compensation payments become due. Penalty for late payments.

      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 20% 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. 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. Section is not ambiguous and, when read with Sec. 31-301(f) and (g), requires payment to commence within 20 days of order for payment pending appeal of award or imposition of 20 per cent late fee. 114 CA 822.