2019 Connecticut General Statutes
Title 31 - Labor
Chapter 568* - Workers’ Compensation Act
WORKERS' COMPENSATION COMMISSION.COMPENSATION COMMISSIONERS. EMPLOYERS' LIABILITY
I
WORKERS' COMPENSATION COMMISSION.COMPENSATION COMMISSIONERS
- Section 31-275 - Definitions.
- Section 31-275a and 31-275b - District defined; continuation of commissioners in office. Workers' compensation districts.
- Section 31-275c - Officers of fraternal organizations.
- Section 31-276 - Workers' Compensation Commission. Compensation commissioners. Nomination by Governor. Appointment by General Assembly. Terms of office. Removal. Selection of chairman.
- Section 31-276a - Commissioners and commission to be within Labor Department for administrative purposes only.
- Section 31-277 - Salary of compensation commissioners. Longevity payments.
- Section 31-278 - Powers and duties of commissioners.
- Section 31-279 - Notice of availability of compensation. Uniform system for determination of degree of physical impairment. Employer-sponsored plan for medical care and treatment. Indemnification of medical advisory panel members.
- Section 31-279a - Booklet to be distributed explaining act.
- Section 31-279b - Notice of availability of coverage under act. Content. Posting.
- Section 31-280 - Chairman of the Workers' Compensation Commission. Powers and duties. Budget. Report of expenses.
- Section 31-280a - Advisory Board of the Workers' Compensation Commission.
- Section 31-280b - Compensation Review Board.
- Section 31-281 - Designation of commissioner to act in another district.
- Section 31-282 - Successor may complete acts when commissioner dies.
- Section 31-283 - Annual pension upon retirement of commissioner.
- Section 31-283a - Rehabilitation programs for employees suffering compensable injuries.
- Section 31-283b and 31-283c - Financing of division and programs. Agreements with other state or federal agencies.
- Section 31-283d - Adjustment of salary of certain retired commissioners.
- Section 31-283e - Election of retirement benefits.
- Section 31-283f - Statistical Division.
- Section 31-283g - Education services for employees concerning the prevention of occupational diseases and injuries.
- Section 31-283h - Financing of Division of Worker Education.
EMPLOYERS' LIABILITY
- Section 31-284 - Basic rights and liabilities. Civil action to enjoin noncomplying employer from entering into employment contracts. Notice of availability of compensation.
- Section 31-284a - State contracting with private insurance carrier. Duties and powers of Commissioner of Administrative Services.
- Section 31-284b - Employer to continue insurance coverage or welfare plan payments for employees eligible to receive workers' compensation. Use of Second Injury Fund.
- Section 31-284c - Complaints of violations. Hearing. Findings and award. Appeal.
- Section 31-285 - Substitute systems of compensation.
- Section 31-286 - Certificate of employer's compliance.
- Section 31-286a - Insurance requirements for contractors on public works projects and renewals of state business licenses.
- Section 31-286b - Proof of workers' compensation coverage prior to issuance of building permit, condition.
- Section 31-287 - Provisions required in liability insurance policies.
- Section 31-288 - Additional liability. Penalty for undue delay, noncompliance with insurance requirements and for defrauding workers' compensation insurance carrier. Notice of penalty to Attorney General and State Treasurer. Payment. Civil action for nonpayment.
- Section 31-289 - Disposition of fines and penalties.
- Section 31-289a - Civil action to recover civil penalties. Privileged assignment for trial.
- Section 31-289b - Civil action to enjoin noncomplying employer from conducting business in the state.
- Section 31-290 - Obligations not to be evaded.
- Section 31-290a - Discharge or discrimination prohibited. Right of action.
- Section 31-290b - Penalty for false statement.
- Section 31-290c - Fraudulent claim or receipt of benefits. Penalties.
- Section 31-290d - Workers' compensation fraud unit.
WORKERS' COMPENSATION
- Section 31-291 - Principal employer, contractor and subcontractor.
- Section 31-291a - Method of computing workers' compensation premiums for construction contractors.
- Section 31-291b - Method of computing workers' compensation premiums for volunteer staff of municipality or volunteer ambulance service.
- Section 31-292 - Liability of employer for worker lent to or employed by another.
- Section 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.
- Section 31-293a - No right against fellow employee; exception.
- Section 31-294 - Notice of injury and of claim for compensation.
- Section 31-294a - Eligibility for podiatric care.
- Section 31-294b - Report of injury to employer. Notice of claim form provided by commission.
- Section 31-294c - Notice of claim for compensation. Notice contesting liability. Exception for dependents of certain deceased employees.
- Section 31-294d - Medical and surgical aid. Hospital, ambulatory surgical center and nursing service.
- Section 31-294e - Employee's option to obtain medical care at employee's expense. Refusal of employee to accept or obtain reasonable medical care.
- Section 31-294f - Medical examination of injured employee. Medical reports.
- Section 31-294g - State employee notice of claim for compensation.
- Section 31-294h - Benefits for police officers and firefighters suffering mental or emotional impairment.
- Section 31-294i - Municipal firefighters and police officers. Employer presumption of liability for cardiac emergencies.
- Section 31-294j - Eligibility of municipal firefighters, police officers, constables and volunteer ambulance service members re benefits for diseases arising out of and in the course of employment.
- Section 31-295 - Waiting period. When compensation begins. Penalty for late payment of permanent partial disability benefits.
- Section 31-296 - Voluntary agreements.
- Section 31-296a - Discontinuance or reduction of payments under oral agreements.
- Section 31-297 - Hearing of claims.
- Section 31-297a - Informal hearings.
- Section 31-298 - Conduct of hearings.
- Section 31-298a - Use of medical panel. Duties of commissioner and panel. Appeal. Regulations.
- Section 31-299 - Prior statements of parties as evidence at hearings before commissioners.
- Section 31-299a - Payments under group medical policy not defense to claim for benefits. Health insurer's duty to pay. Lien.
- Section 31-299b - Initial liability of last employer. Reimbursement.
- Section 31-300 - Award as judgment. Interest. Attorney's fee. Procedure on discontinuance or reduction.
- Section 31-301 - Appeals to the Compensation Review Board. Payment of award during pendency of appeal.
- Section 31-301a - Decision of Compensation Review Board.
- Section 31-301b - Appeal of decision of Compensation Review Board.
- Section 31-301c - Costs of appeal. Interest added to award affirmed on appeal.
- Section 31-301d - Power of Compensation Review Board re witnesses and production of evidence. Enforcement of order.
- Section 31-302 - Payment of compensation. Commutation into monthly, quarterly or lump sums.
- Section 31-303 - Day when compensation payments become due. Penalty for late payments.
- Section 31-304 - Destruction of agreement.
- Section 31-305 - Medical examinations.
- Section 31-306 - Death resulting from accident or occupational disease. Dependents. Compensation.
- Section 31-306a - Payments due children committed to the Commissioner of Social Services or the Commissioner of Children and Families.
- Section 31-306b - Written notice of potential eligibility for death benefits.
- Section 31-307 - Compensation for total incapacity.
- Section 31-307a - Cost-of-living adjustment in compensation rates.
- Section 31-307b - Benefits after relapse from recovery. Recurrent injuries.
- Section 31-307c - Compensation under agreements or awards effected prior to October 1, 1953.
- Section 31-308 - Compensation for partial incapacity.
- Section 31-308a - Additional benefits for partial permanent disability.
- Section 31-308b - Dependency allowance.
- Section 31-309 - Maximum weekly compensation. Determination of average weekly earnings of state workers and production and related workers in manufacturing.
- Section 31-310 - Determination of average weekly wage of injured worker. Concurrent employment. Payments from Second Injury Fund. Publication of wage tables.
- Section 31-310a - Average weekly wage of supernumerary policemen and volunteer police officers.
- Section 31-310b - Average weekly wage of General Assembly member.
- Section 31-310c - Average weekly wage of worker with an occupational disease.
- Section 31-311 - Replacement of artificial aids.
- Section 31-312 - Compensation for time lost during and expense of medical treatment. Reimbursement of wages lost due to appearance at informal hearing. Payments to prevailing claimants in contested cases. Medical attention outside regular work hours.
- Section 31-313 - Transfer to suitable work during period of treatment or rehabilitation or because of physical incapacity. Civil penalty for failure of employer to comply.
- Section 31-314 - Allowance for advance payments.
- Section 31-315 - Modification of award or voluntary agreement.
- Section 31-316 - Employer to record and report employees' injuries and report insurance coverage or welfare plan payments provided to employees. Increased award due to employer's failure to file.
- Section 31-317 - Claims against the state.
- Section 31-318 - Action for minor or mentally incompetent person.
- Section 31-319 - Fees to be approved.
- Section 31-320 - Exemption and preference of compensation.
- Section 31-321 - Manner of serving notices.
- Section 31-322 - Injuries received in interstate commerce.
- Section 31-323 - Attachments to secure payment of compensation.
- Section 31-324 - Reservation of cases for the Appellate Court.
- Section 31-325 - Acknowledgment by employees having certain physical conditions.
- Section 31-326 - Proceedings against delinquent insurance companies or employers.
- Section 31-327 - Award of fees and expenses.
EMPLOYERS' MUTUAL INSURANCE
- Section 31-328 - Mutual associations authorized.
- Section 31-329 - Approval by Insurance Commissioner.
- Section 31-330 - Membership.
- Section 31-331 - Control of associations. Insurance Commissioner authorized to accept statement of financial condition by certain employers' mutual associations organized before June 6, 1996.
- Section 31-332 - Policies. Number of members required.
- Section 31-333 - Officers and voting.
- Section 31-334 - Safety rules.
- Section 31-335 - Premium rates. Reserve notes.
- Section 31-336 - Assessments.
- Section 31-337 - Investments.
- Section 31-338 - Bylaws and regulations.
- Section 31-339 - Appeals to Superior Court.
WORKERS' COMPENSATION INSURANCE
- Section 31-340 - Insurer directly liable to employee or dependent.
- Section 31-341 - Notice to insurer.
- Section 31-342 - Award; enforcement.
- Section 31-343 - Certain defenses not available against employee or dependent.
- Section 31-344 - When representations avoid policy.
- Section 31-344a - Workers' Compensation Administration Fund established.
- Section 31-345 - Insurance Commissioner to approve form of policy. Assessments against employers for administrative costs. Surpluses.
- Section 31-345a - Deductibles in workers' compensation coverage. Approval of Insurance Commissioner.
- Section 31-346 - Damages for material misstatements.
- Section 31-347 - Experience in compensation insurance.
- Section 31-348 - Compensation insurance companies to report their risks.
- Section 31-348a - Compensation insurers to reduce premiums.
SECOND INJURY FUND
- Section 31-349 - Compensation for second disability. Payment of insurance coverage. Second Injury Fund closed July 1, 1995, to new claims. Procedure.
- Section 31-349a - Powers of investigators in the office of the State Treasurer.
- Section 31-349b - Certificate for permanent vocational disability. Employer reimbursed by Second Injury Fund for insurance premiums for certified employees.
- Section 31-349c - Controverted issues of previous disability. Physician panel established.
- Section 31-349d - Treasurer to solicit proposals for the managing of Second Injury Fund claims.
- Section 31-349e - Advisory board for the Second Injury Fund.
- Section 31-349f - Condition of the Second Injury Fund. Report to the Governor and General Assembly.
- Section 31-349g - Method of assessing all employers for liabilities of Second Injury Fund. Reporting. Audits. Insurance companies deemed collection agents.
- Section 31-349h - Transfer of claims. Claims not transferred.
- Section 31-349i - Cost-saving methodologies.
- Section 31-349j - Appeal of decision by State Treasurer concerning the method of assessing the employer for the liabilities of the Second Injury Fund.
- Section 31-350 and 31-351 - Notice to commissioner of second injury. Hearings; awards.
- Section 31-352 - Enforcement of liability of third person.
- Section 31-353 - Voluntary agreements and stipulated settlements; approval.
- Section 31-354 - Second Injury Fund contributions. Duties and powers of State Treasurer.
- Section 31-354a - Assistant administrators of the Second Injury Fund.
- Section 31-354b - Finance account within Second Injury Fund. Subaccounts. Duties of State Treasurer.
- Section 31-355 - Hearings; awards. Payments from Second Injury Fund on employer's failure to comply with award. Civil action for reimbursement. Insolvent insurer. Settlements and agreements. Failure of uninsured employer to pay.
- Section 31-355a - Collection of moneys owed to the Second Injury Fund. Tax warrants. Lien. Foreclosure.
- Section 31-355b - Actions against entities failing to comply with Second Injury Fund reporting requirements.
*See Sec. 38a-470 re liens on workers' compensation awards in favor of insurers, hospital or medical service corporations or employee welfare benefit plans.
Theory of Workmen's Compensation Act. 89 C. 145; Id., 160; 93 C. 428; 105 C. 299; 120 C. 546. Act should be broadly construed to effectuate its purpose. 89 C. 146. It covers injury received out of state under a contract of employment made here. Id., 374; 111 C. 695. Liability rests on contract. Id., 682; 90 C. 220. Statute in force when the injury was received controls. 90 C. 220. One employed in another state but received injury here. 91 C. 524; 92 C. 371. Contracts made elsewhere for work wholly or partly done here considered. 99 C. 457; 103 C. 107. Proceedings for compensation are purely statutory. 101 C. 358. Affecting interstate commerce. 109 C. 97. Underlying purpose to protect employee, even to the extent of rendering nugatory his own agreement. 128 C. 579. Cited. 154 C. 48, 51. No change was made by 1961 act in previously existing determination of when employer is subject to act. 156 C. 276. Payments of awards hereunder should be made only in accordance with express statutory authority. 159 C. 53. Procedural avenue for bringing claims under Sec. 7-433c is Workmen's Compensation Act. 165 C. 615. “Employer”, within the meaning of chapter, entitled to summary judgment when sued by employee who had claimed and been awarded benefits under chapter. 167 C. 621. Cited. 168 C. 84. Lack of a definitive diagnosis does not preclude recovery under act. 175 C. 392; Id., 424. Cited. 176 C. 547; 178 C. 664. Where employee is injured by the negligence of a fellow employee, the sole remedy is under chapter except where the negligence is in the operation of a motor vehicle. 180 C. 469. Where personal injuries sustained in another state, applicable law is the law of the place of the employment relation; discussion of contract choice of law, tort choice of law and workers' compensation choice of law. 182 C. 24. Cited. 185 C. 616; 186 C. 623; 187 C. 53; 189 C. 550. These statutes are not the exclusive remedy for injuries arising out of and in the course of employment where injuries claimed are compensable under Sec. 7-433c. 193 C. 59. Cited. 193 C. 297; 194 C. 139; 196 C. 91. Where case clearly within scope of Workers' Compensation Act, there is no basis for action under Sec. 31-49. Id., 529. Cited. 200 C. 562; 201 C. 632. Meritorious workers' compensation claim by a minor illegally employed when injured not barred by decision permitting common law suit. 203 C. 34. Cited. Id., 324; 204 C. 104; Id., 563; 205 C. 219; 206 C. 242; Id., 495; 207 C. 88; Id., 420; Id., 665; 208 C. 576. Court declined to create exception to fellow employee rule of act. Id., 589. Cited. Id., 709; 209 C. 59; Id., 219; 210 C. 423; Id., 580; Id., 626; 212 C. 138; Id., 427. Does not apply to members of judiciary. 213 C. 54. Cited. 214 C. 181; Id., 189; Id., 394; Id., 552; 215 C. 206; 216 C. 29; Id., 237; 217 C. 42; Id., 50; 218 C. 9; Id., 19; Id., 46. Application of law to workers' firm out of state discussed. Id., 181. Cited. Id., 531; 219 C. 28. Public policy prohibiting double recovery discussed. Id., 439. Cited. Id., 581; Id., 674; 220 C. 721; 221 C. 29; Id., 41; Id., 336; Id., 465; 222 C. 78; Id., 744; Id., 769; 223 C. 336; Id., 492; 224 C. 8; Id., 382; 225 C. 165; 226 C. 282; Id., 404; Id., 508; Id., 569. Plaintiff's estate entitled to permanent partial disability award; judgment of Appellate Court in 26 CA 469 reversed. 227 C. 261. Cited. Id., 333; 228 C. 1; Id., 358; Id., 401; 229 C. 99; 231 C. 287; Id., 370; Id., 381. Judgment of Appellate Court in 33 CA 695 reversed and case remanded for further proceedings. Id., 469. Cited. Id., 529; Id., 690; 232 C. 91; Id., 311; Id., 758; Id., 780; 233 C. 14; Id., 251; 234 C. 51; 235 C. 185; Id., 778; 236 C. 330. A medical provider does not have standing before commission to initiate a claim in absence of claim by injured employee for benefits under act. 237 C. 1. Cited. Id., 490; 238 C. 285; Id., 637; 239 C. 19; Id., 408; Id., 676; 240 C. 788; 241 C. 170; Id., 282; Id., 692; 242 C. 255; Id., 375; Id., 432; Id., 570; 243 C. 66. Purpose of Workers' Compensation Act. 245 C. 66. Act to be construed broadly in order to serve its remedial purpose. 252 C. 641. Collateral estoppel applies to bar employer and its insurers from contesting cause of employee's death in action under Workers' Compensation Act which was preceded by judgment under the federal Longshore and Harbor Workers' Compensation Act, where same burden of proof applied in both proceedings. 255 C. 762. State Workers' Compensation Act has concurrent jurisdiction with federal Longshore and Harbor Workers Compensation Act over claims involving injuries sustained on navigable waters when employer and employee are locally based, employment contract was performed locally, injury occurred on state's territorial waters and employer required to secure compensation for land-based injuries sustained by employees. 283 C. 129. Superseding cause doctrine applies to certain cases under act. 305 C. 360. A workers' compensation insurer may maintain a common-law equitable subrogation action against a third-party tortfeasor who is liable for injuries sustained by an employee. 323 C. 254. Employer collaterally estopped from challenging employee's eligibility for benefits under the act where administrative law judge in federal proceeding applied a substantial factor standard in finding of compensability under the Longshore and Harbor Workers' Compensation Act. 330 C. 231.
Cited. 1 CA 58; Id., 264; 2 CA 255; 3 CA 40; Id., 162; Id., 246; Id., 450; Id., 547; 5 CA 369; 6 CA 60; Id., 265; 7 CA 19; Id., 142; Id., 296; Id., 575; 11 CA 391; 12 CA 138; 13 CA 208; 14 CA 178; 15 CA 84. Relationship of benefits awards under federal and state compensation laws arising from same injury discussed. Id., 615. Cited. 16 CA 65; Id., 121; Id., 437; Id., 660; Id., 676; 19 CA 273; 21 CA 9; judgment reversed, see 218 C. 46; Id., 20; Id., 107; Id., 610; 22 CA 88; 22 CA 539; judgment reversed, see 219 C. 439; 23 CA 325; 24 CA 234; Id., 362; Id., 719; Id., 739; 25 CA 350; Id., 492; 26 CA 194; 27 CA 800; 28 CA 113; Id., 226; Id., 660; 29 CA 249; Id., 441; Id., 618; 30 CA 295; Id., 630; Id., 729; 32 CA 16; Id., 595; 33 CA 99; Id., 667; 34 CA 521; Id., 708; 36 CA 150; Id., 635; judgment reversed, see 236 C. 330; 37 CA 392; Id., 835; 38 CA 1; Id., 73; 39 CA 28; 40 CA 278; Id., 409; 41 CA 430; Id., 664; 42 CA 147; Id., 200; Id., 542; Id., 803; 44 CA 1; Id., 771; 45 CA 324; Id., 441; 46 CA 298; Id., 596; Id., 699; Id., 712. Workers' Compensation Act does not permit double compensation. 49 CA 66. Employer not required to prove existence and breach of an independent legal duty in seeking indemnification from third party under circumstances of case; act should be broadly construed but its remedial purpose cannot transcend its statutorily defined jurisdictional boundaries. 53 CA 72. Board properly found that commissioner could reconsider prior findings and that the record supported conclusions. Id., 671. One purpose of workers' compensation statute is the avoidance of two independent compensations for an injury. 57 CA 406. Chapter imposes a form of strict liability on employer. Id., 472. Workers' Compensation Act discussed re whether employee's injury occurred within the scope of employment. 58 CA 109. Compensation Review Board derives its authority from Workers' Compensation Act, which grants no authority to board to open a decision. 86 CA 880. The legislature did not intend to impose on employer the double burden of back wages and workers' compensation payments for the same period of unemployment. 115 CA 306. Because insurer otherwise complied with statutory notice requirements set forth in Workers' Compensation Act, its cancellation of workers' compensation policy was effective at the time employee was injured. 121 CA 144. Re conflict of law, when Connecticut was plaintiff's residence and place of employment contract's formation, Connecticut law may be applied to claim for workers' compensation benefits. 124 CA 215. Claimant did not establish a significant relationship between Connecticut and the decedent's employment relationship with his employer as required for a claim under act where decedent was a salesman whose sales territory was outside Connecticut. 132 CA 794. A stipulated settlement agreement, even when prepared by defendant, is unenforceable under act unless signed by both parties and approved by commissioner. 149 CA 725.
Cited. 9 CS 471. Minor employed in violation of child-labor statute is entitled to workmen's compensation. 12 CS 304. Employee's return to work does not relieve employer from liability under act. Id., 453. Cited. 23 CS 55. Cases under act are on a different basis than actions between ordinary litigants. 31 CS 331. Cited. 38 CS 331. Where plaintiff brought action under both this statute and Sec. 7-433c, he was not required to assume greater burden of proving compensability under this statute. Id., 359. Cited. 39 CS 102; Id., 250; 40 CS 165; Id., 253; 41 CS 115; Id., 326; 42 CS 168; 44 CS 510. Employer's motion for summary judgment denied under substantial certainty doctrine where employer failed to provide money carrier with bullet-proof vest despite employer's mandate that employees wear such vests. 47 CS 30.