Connecticut 2020 Regular Session

Connecticut Senate Bill SB00351 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 1812 1 of 10
4	4
5	5	General Assembly Raised Bill No. 351
6	6	February Session, 2020
7	7	LCO No. 1812
8	8
9	9
10	10	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
11	11
12	12
13	13	Introduced by:
14	14	(LAB)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING MI NOR AND TECHNICAL CH ANGES TO THE
20	20	WORKERS' COMPENSATIO N ACT.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. (NEW) (Effective October 1, 2020) (a) (1) Wherever the terms 1
25	25	"workers' compensation commissioner", "compensation commissioner" 2
26	26	or "commissioner" are used to denote a workers' compensation 3
27	27	commissioner in the following sections of the general statutes, the terms 4
28	28	"administrative law judge" shall be substituted in lieu thereof: 4-186, 5-5
29	29	170, 5-192h, 17b-341, 19a-641, 28-14, 29-4a, 31-275, 31-276, 31-277, 31-278, 6
30	30	31-279, 31-280, 31-280a, as amended by this act, 31-280b, 31-282, 31-283, 7
31	31	31-283d, 31-283e, 31-283f, as amended by this act, 31-284c, 31-286, 31-8
32	32	286a, 31-286b, 31-288, 31-289a, 31-290a, 31-293, 31-294b, 31-294c, 31-9
33	33	294d, 31-294e, 31-294f, 31-296, 31-296a, 31-297, 31-297a, 31-298, as 10
34	34	amended by this act, 31-299, 31-299a, 31-299b, 31-300, 31-301, 31-301c, 11
35	35	31-301d, 31-302, 31-306, 31-306b, 31-307a, 31-308, 31-308a, 31-310, 31-312, 12
36	36	31-313, 31-315, 31-316, 31-318, 31-321, 31-323, 31-326, 31-327, 31-329, 31-13
37	37	341, 31-342, 31-343, 31-349, as amended by this act, 31-349b, 31-349c, 31-14
38	38	353, 31-355, 38a-470, 38a-500, 38a-527, 46b-231, 51-49, 51-49a, 51-49b, 51-15
39	39	49c, 51-49d, 51-49g, 51-49h, 51-49i, 51-49j, 51-50, 51-50a, 51-50b, 51-51, 16 Raised Bill No. 351
40	40
41	41
42	42
43	43	LCO No. 1812 2 of 10
44	44
45	45	51-51h, 51-51i, 51-51k, 51-51l, 51-51m, 51-51n, 51-51o, 51-51p, 51-51q, 51-17
46	46	51r, 51-51s, 51-63 and 52-149a. 18
47	47	(2) Wherever the terms "workers' compensation commissioner", 19
48	48	"compensation commissioner" or "commissioner" are used to denote a 20
49	49	workers' compensation commissioner in any public act of the 2020 21
50	50	session, the term "administrative law judge" shall be substituted in lieu 22
51	51	thereof. 23
52	52	(b) The Legislative Commissioners' Office shall, in codifying said 24
53	53	sections of the general statutes pursuant to subdivision (1) of subsection 25
54	54	(a) of this section or any public act of the 2020 session pursuant to 26
55	55	subdivision (2) of subsection (a) of this section, make such technical, 27
56	56	grammatical and punctuation changes as are necessary to carry out the 28
57	57	purposes of this section. 29
58	58	Sec. 2. Subsection (c) of section 31-280a of the general statutes is 30
59	59	repealed and the following is substituted in lieu thereof (Effective October 31
60	60	1, 2020): 32
61	61	(c) The advisory board shall meet at least [twice] once in each 33
62	62	calendar quarter and at such other times as the chairman or the 34
63	63	chairman of the Workers' Compensation Commission deem necessary. 35
64	64	All actions of the advisory board shall require the affirmative vote of six 36
65	65	members of the advisory board. The advisory board may bring any 37
66	66	matter related to the operation of the workers' compensation system to 38
67	67	the attention of the chairman of the Workers' Compensation 39
68	68	Commission. The advisory board may adopt any rules of procedure that 40
69	69	the board deems necessary to carry out its duties under this chapter. 41
70	70	Sec. 3. Section 31-283f of the general statutes is repealed and the 42
71	71	following is substituted in lieu thereof (Effective October 1, 2020): 43
72	72	(a) A Statistical Division shall be established within the Workers' 44
73	73	Compensation Commission. The division shall compile and maintain 45
74	74	statistics concerning occupational injuries and diseases, voluntary 46
75	75	agreements, status of claims and commissioners' dockets. [The division 47 Raised Bill No. 351
76	76
77	77
78	78
79	79	LCO No. 1812 3 of 10
80	80
81	81	shall be administered by a full-time salaried director who shall be 48
82	82	appointed by the chairman of the Workers' Compensation Commission 49
83	83	under the provisions of chapter 67. The director shall report to the 50
84	84	chairman.] 51
85	85	(b) Sufficient funding for the establishment and maintenance of the 52
86	86	Workers' Compensation Statistical Division shall be supplied from the 53
87	87	Administrative Costs Fund, as provided in section 31-345. 54
88	88	Sec. 4. Section 31-298 of the general statutes is repealed and the 55
89	89	following is substituted in lieu thereof (Effective October 1, 2020): 56
90	90	Both parties may appear at any hearing, either in person or by 57
91	91	attorney or other accredited representative, and no formal pleadings 58
92	92	shall be required, beyond any informal notices that the commission 59
93	93	approves. In all cases and hearings under the provisions of this chapter, 60
94	94	the commissioner shall proceed, so far as possible, in accordance with 61
95	95	the rules of equity. He shall not be bound by the ordinary common law 62
96	96	or statutory rules of evidence or procedure, but shall make inquiry, 63
97	97	through oral testimony, deposition testimony or written and printed 64
98	98	records, in a manner that is best calculated to ascertain the substantial 65
99	99	rights of the parties and carry out the provisions and intent of this 66
100	100	chapter. No fees shall be charged to either party by the commissioner in 67
101	101	connection with any hearing or other procedure, but the commissioner 68
102	102	shall furnish at cost (1) certified copies of any testimony, award or other 69
103	103	matter which may be of record in his office, and (2) duplicates of audio 70
104	104	[cassette] recordings of any formal hearings. Witnesses subpoenaed by 71
105	105	the commissioner shall be allowed the fees and traveling expenses that 72
106	106	are allowed in civil actions, to be paid by the party in whose interest the 73
107	107	witnesses are subpoenaed. When liability or extent of disability is 74
108	108	contested by formal hearing before the commissioner, the claimant shall 75
109	109	be entitled, if he prevails on final judgment, to payment for oral 76
110	110	testimony or deposition testimony rendered on his behalf by a 77
111	111	competent physician, surgeon or other medical provider, including the 78
112	112	stenographic and videotape recording costs thereof, in connection with 79
113	113	the claim, the commissioner to determine the reasonableness of such 80 Raised Bill No. 351
114	114
115	115
116	116
117	117	LCO No. 1812 4 of 10
118	118
119	119	charges. 81
120	120	Sec. 5. Section 31-349 of the general statutes is repealed and the 82
121	121	following is substituted in lieu thereof (Effective October 1, 2020): 83
122	122	[(a)] The fact that an employee has suffered a previous disability, 84
123	123	shall not preclude him from compensation for a second injury, nor 85
124	124	preclude compensation for death resulting from the second injury. If an 86
125	125	employee having a previous disability incurs a second disability from a 87
126	126	second injury resulting in a permanent disability caused by both the 88
127	127	previous disability and the second injury which is materially and 89
128	128	substantially greater than the disability that would have resulted from 90
129	129	the second injury alone, he shall receive compensation for (1) the entire 91
130	130	amount of disability, including total disability, less any compensation 92
131	131	payable or paid with respect to the previous disability, and (2) necessary 93
132	132	medical care, as provided in this chapter, notwithstanding the fact that 94
133	133	part of the disability was due to a previous disability. For purposes of 95
134	134	this [subsection] section, "compensation payable or paid with respect to 96
135	135	the previous disability" includes compensation payable or paid 97
136	136	pursuant to the provisions of this chapter, as well as any other 98
137	137	compensation payable or paid in connection with the previous 99
138	138	disability, regardless of the source of such compensation. 100
139	139	[(b) As a condition precedent to the liability of the Second Injury 101
140	140	Fund, the employer or its insurer shall: (1) Notify the custodian of the 102
141	141	fund by certified mail no later than three calendar years after the date of 103
142	142	injury or no later than ninety days after completion of payments for the 104
143	143	first one hundred and four weeks of disability, whichever is earlier, of 105
144	144	its intent to transfer liability for the claim to the Second Injury Fund; (2) 106
145	145	include with the notification (A) copies of all medical reports, (B) an 107
146	146	accounting of all benefits paid, (C) copies of all findings, awards and 108
147	147	approved voluntary agreements, (D) the employer's or insurer's 109
148	148	estimate of the reserve amount to ultimate value for the claim, (E) a two-110
149	149	thousand-dollar notification fee payable to the custodian to cover the 111
150	150	fund's costs in evaluating the claim proposed to be transferred and (F) 112
151	151	such other material as the custodian may require. The employer by 113 Raised Bill No. 351
152	152
153	153
154	154
155	155	LCO No. 1812 5 of 10
156	156
157	157	whom the employee is employed at the time of the second injury, or its 114
158	158	insurer, shall in the first instance pay all awards of compensation and 115
159	159	all medical expenses provided by this chapter for the first one hundred 116
160	160	four weeks of disability. Failure on the part of the employer or an insurer 117
161	161	to comply does not relieve the employer or insurer of its obligation to 118
162	162	continue furnishing compensation under the provisions of this chapter. 119
163	163	The custodian of the fund shall, by certified mail, notify a self-insured 120
164	164	employer or an insurer, as applicable, of the rejection of the claim within 121
165	165	ninety days after receiving the completed notification. Any claim which 122
166	166	is not rejected pursuant to this section shall be deemed accepted, unless 123
167	167	the custodian notifies the self-insured employer or the insurer within 124
168	168	the ninety-day period that up to an additional ninety days is necessary 125
169	169	to determine if the claim for transfer will be accepted. If the claim is 126
170	170	accepted for transfer, the custodian shall file with the workers' 127
171	171	compensation commissioner for the district in which the claim was filed, 128
172	172	a form indicating that the claim has been transferred to the Second 129
173	173	Injury Fund and the date that such claim was transferred and shall 130
174	174	refund fifteen hundred dollars of the notification fee to the self-insured 131
175	175	employer or the insurer, as applicable. A copy of the form shall be 132
176	176	mailed to the self-insured employer or the insurer and to the claimant. 133
177	177	No further action by the commissioner shall be required to transfer said 134
178	178	claim. If the custodian rejects the claim of the employer or its insurer, 135
179	179	the question shall be submitted by certified mail within thirty days of 136
180	180	the receipt of the notice of rejection by the employer or its insurer to the 137
181	181	commissioner having jurisdiction, and the employer or insurer shall 138
182	182	continue furnishing compensation until the outcome is finally decided. 139
183	183	Claims not submitted to the commissioner within said time period shall 140
184	184	be deemed withdrawn with prejudice. If the employer or insurer 141
185	185	prevails, or if the custodian accepts the claim all payments made beyond 142
186	186	the one-hundred-four-week period shall be reimbursed to the employer 143
187	187	or insurer by the Second Injury Fund. 144
188	188	(c) If the second injury of an employee results in the death of the 145
189	189	employee, and it is determined that the death would not have occurred 146
190	190	except for a preexisting permanent physical impairment, the employer 147 Raised Bill No. 351
191	191
192	192
193	193
194	194	LCO No. 1812 6 of 10
195	195
196	196	or its insurer shall, in the first instance, pay the funeral expense 148
197	197	described in this chapter, and shall pay death benefits as may be due for 149
198	198	the first one hundred four weeks. The employer or its insurer may 150
199	199	thereafter transfer liability for the death benefits to the Second Injury 151
200	200	Fund in accordance with the procedures set forth in subsection (b) of 152
201	201	this section. 153
202	202	(d) Notwithstanding the provisions of this section, no injury which 154
203	203	occurs on or after July 1, 1995, shall serve as a basis for transfer of a claim 155
204	204	to the Second Injury Fund under this section. All such claims shall 156
205	205	remain the responsibility of the employer or its insurer under the 157
206	206	provisions of this section. 158
207	207	(e) All claims for transfer of injuries for which the fund has been 159
208	208	notified prior to July 1, 1995, shall be deemed withdrawn with prejudice, 160
209	209	unless the employer or its insurer notifies the custodian of the fund by 161
210	210	certified mail prior to October 1, 1995, of its intention to pursue transfer 162
211	211	pursuant to the provisions of this section. No notification fee shall be 163
212	212	required for notices submitted pursuant to this subsection. This 164
213	213	subsection shall not apply to notices submitted prior to July 1, 1995, in 165
214	214	response to the custodian's request, issued on March 15, 1995, for 166
215	215	voluntary resubmission of notices. 167
216	216	(f) No claim, where the custodian of the Second Injury Fund was 168
217	217	served with a valid notice of intent to transfer under this section, shall 169
218	218	be eligible for transfer to the Second Injury Fund unless all requirements 170
219	219	for transfer, including payment of the one hundred and four weeks of 171
220	220	benefits by the employer or its insurer, have been completed prior to 172
221	221	July 1, 1999. All claims, pursuant to this section, not eligible for transfer 173
222	222	to the fund on or before July 1, 1999, will remain the responsibility of the 174
223	223	employer or its insurer.] 175
224	224	Sec. 6. Subsection (a) of section 31-354 of the general statutes is 176
225	225	repealed and the following is substituted in lieu thereof (Effective October 177
226	226	1, 2020): 178
227	227	(a) There shall be a fund to be known as the Second Injury Fund. Each 179 Raised Bill No. 351
228	228
229	229
230	230
231	231	LCO No. 1812 7 of 10
232	232
233	233	employer, other than the state, shall, within thirty days after notice 180
234	234	given by the State Treasurer, pay to the State Treasurer for the use of the 181
235	235	state a sum in payment of his liability under this chapter which shall be 182
236	236	calculated in accordance with the Second Injury Fund surcharge base, 183
237	237	as defined in section 31-349g, [and shall be assessed in accordance with 184
238	238	subsection (f) of section 31-349,] sections 31-349g, 31-349h and 31-349i, 185
239	239	this section, section 31-354b and sections 8 and 9 of public act 96-242. 186
240	240	Such sum shall be an amount sufficient to (1) pay the debt service on 187
241	241	state revenue bond obligations authorized to be issued under and for 188
242	242	the purposes set forth in section 31-354b including reserve and covenant 189
243	243	coverage requirements, (2) provide for costs and expenses of operating 190
244	244	the Second Injury Fund, and (3) pay Second Injury Fund stipulations on 191
245	245	claims settled by the custodian or other benefits payable out of the 192
246	246	Second Injury Fund and not funded through state revenue bond 193
247	247	obligations and shall be determined in accordance with the regulations 194
248	248	adopted pursuant to the provisions of section 31-349g. The custodian 195
249	249	shall establish a factor for the annual surcharge that caps such surcharge 196
250	250	for the fiscal years ending June 30, 1996, 1997 and 1998. In determining 197
251	251	such factor the custodian shall consider the funding mechanism 198
252	252	authorized by [subsection (f) of section 31-349,] sections 31-349g, 31-199
253	253	349h and 31-349i, this section, section 31-354b and sections 8 and 9 of 200
254	254	public act 96-242, recognize that an acceptable level of employer 201
255	255	assessment is important to the vitality of the economy of the state and 202
256	256	nevertheless shall assure provision of services to injured workers that 203
257	257	enhances their ability to return to work and improve their quality of life. 204
258	258	In any event, such factor shall not exceed, with respect to insured 205
259	259	employers, a rate of fifteen per cent on the Second Injury Fund 206
260	260	surcharge base with respect to workers' compensation and employers' 207
261	261	liability policies and, with respect to self-insured employers, a 208
262	262	comparable percentage limitation representing their pro rata share of 209
263	263	any assessment. Any employer or any insurance company acting as 210
264	264	collection agent for the custodian of the Second Injury Fund who fails to 211
265	265	pay in accordance with such regulations shall pay a penalty to the State 212
266	266	Treasurer of fifteen per cent on the unpaid assessment or surcharge or 213
267	267	fifty dollars, whichever is greater. Interest at the rate of six per cent per 214 Raised Bill No. 351
268	268
269	269
270	270
271	271	LCO No. 1812 8 of 10
272	272
273	273	annum shall be charged on any amounts owed on assessment audits or 215
274	274	surcharge audits. For self-insured employers interest shall accrue thirty 216
275	275	days after notice from the Second Injury Fund of the unpaid audit 217
276	276	assessment. For insurance companies, the interest shall accrue from the 218
277	277	date of the notice of audit errors or deficiencies as determined by the 219
278	278	date postmarked by the United States Postal Service. The State Treasurer 220
279	279	shall notify each employer of the penalty or interest provision with the 221
280	280	notice of assessment. Any partial payments made to the fund shall be 222
281	281	first applied to any unpaid penalty, then to any unpaid interest and the 223
282	282	remainder, if any, to the unpaid assessment or surcharge. Interest or 224
283	283	penalties shall be applied if assessment or surcharge reports or 225
284	284	payments are postmarked by the United States Postal Service after the 226
285	285	designated due date. The sums received shall be accounted for 227
286	286	separately and apart from all other state moneys and the faith and credit 228
287	287	of the state of Connecticut is pledged for their safekeeping. The State 229
288	288	Treasurer shall be the custodian of the fund and all disbursements from 230
289	289	the fund shall be made by the Treasurer or the Treasurer's deputies. The 231
290	290	moneys of the fund shall be invested by the Treasurer in accordance 232
291	291	with applicable law and section 8 of public act 96-242. Interest, income 233
292	292	and dividends from the investments shall be credited to the fund. Each 234
293	293	employer, each private insurance carrier acting on behalf of any 235
294	294	employer and each interlocal risk management agency acting on behalf 236
295	295	of any employer shall annually, on or before April first, report to the 237
296	296	State Treasurer, in the form prescribed by the State Treasurer, the 238
297	297	amount of money expended by or on behalf of the employer in 239
298	298	payments for the preceding calendar year. Each private insurance 240
299	299	carrier, each self-insurance group and each interlocal risk management 241
300	300	agency shall submit annually, on or before April first, to the State 242
301	301	Treasurer, in the form prescribed by the State Treasurer, a report of the 243
302	302	total Second Injury Fund surcharge base collected in the preceding 244
303	303	calendar year and a report of the projected total Second Injury Fund 245
304	304	surcharge base for the current calendar year. The fund shall be used to 246
305	305	provide the benefits set forth in section 31-306 for adjustments in the 247
306	306	compensation rate and payment of certain death benefits, in section 31-248
307	307	307b for adjustments where there are relapses after a return to work, in 249 Raised Bill No. 351
308	308
309	309
310	310
311	311	LCO No. 1812 9 of 10
312	312
313	313	section 31-307c for totally disabled persons injured prior to October 1, 250
314	314	1953, in section 31-349, as amended by this act, for disabled or 251
315	315	handicapped employees and in section 31-355 for the payment of 252
316	316	benefits due injured employees whose employers or insurance carriers 253
317	317	have failed to pay the compensation, and medical expenses required by 254
318	318	this chapter, or any other compensation payable from the fund as may 255
319	319	be required by any provision contained in this chapter or any other 256
320	320	statute and to reimburse employers or insurance carriers for payments 257
321	321	made under subsection (b) of section 31-307a. The assessment required 258
322	322	by this section is a condition of doing business in this state and failure 259
323	323	to pay the assessment, when due, shall result in the denial of the 260
324	324	privilege of doing business in this state or to self-insure under section 261
325	325	31-284. Any administrative or other costs or expenses incurred by the 262
326	326	State Treasurer in connection with carrying out the provisions of this 263
327	327	part, including the hiring of necessary employees, shall be paid from the 264
328	328	fund. The State Treasurer may adopt regulations, in accordance with the 265
329	329	provisions of chapter 54, prescribing the practices, policies and 266
330	330	procedures to be followed in the administration of the Second Injury 267
331	331	Fund. 268
332	332	Sec. 7. Subsection (a) of section 31-355a of the general statutes is 269
333	333	repealed and the following is substituted in lieu thereof (Effective October 270
334	334	1, 2020): 271
335	335	(a) Whenever the Second Injury Fund is required, pursuant to section 272
336	336	31-355 [or subsection (c) of section 31-349,] to pay benefits or 273
337	337	compensation mandated by the provisions of this chapter for any 274
338	338	employer or insurer who fails or is unable to make such payments, the 275
339	339	amount so paid by the fund shall be collectible by any means provided 276
340	340	by law for the collection of any tax due the state of Connecticut or any 277
341	341	subdivision thereof, including any means provided by section 12-35. 278
342	342	Tax warrants referred to in said section 12-35 may be signed by the State 279
343	343	Treasurer. 280
344	344	Sec. 8. Sections 31-276a, 31-298a and 31-304 of the general statutes are 281
345	345	repealed. (Effective October 1, 2020) 282 Raised Bill No. 351
346	346
347	347
348	348
349	349	LCO No. 1812 10 of 10
350	350
351	351	This act shall take effect as follows and shall amend the following
352	352	sections:
353	353
354	354	Section 1 October 1, 2020 New section
355	355	Sec. 2 October 1, 2020 31-280a(c)
356	356	Sec. 3 October 1, 2020 31-283f
357	357	Sec. 4 October 1, 2020 31-298
358	358	Sec. 5 October 1, 2020 31-349
359	359	Sec. 6 October 1, 2020 31-354(a)
360	360	Sec. 7 October 1, 2020 31-355a(a)
361	361	Sec. 8 October 1, 2020 Repealer section
362	362
363	363	Statement of Purpose:
364	364	To make minor and technical changes to the Workers' Compensation
365	365	Act.
366	366	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
367	367	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
368	368	underlined.]
369	369