Connecticut 2021 Regular Session

Connecticut Senate Bill SB00907 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+
	2	+
	3	+	LCO 3455 \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00907-R01-
	4	+	SB.docx
	5	+	1 of 10
	6	+
	7	+	General Assembly Raised Bill No. 907
	8	+	January Session, 2021
	9	+	LCO No. 3455
	10	+
	11	+
	12	+	Referred to Committee on LABOR AND PUBLIC
	13	+	EMPLOYEES
	14	+
	15	+
	16	+	Introduced by:
	17	+	(LAB)
1	18
2	19
3	20
4		-	Senate Bill No. 907
5		-
6		-	Public Act No. 21-18
7		-
8		-
9		-	AN ACT CONCERNING MINOR AND TECHNICAL CHANGES TO
10		-	THE WORKERS' COMPENSATION ACT.
	21	+	AN ACT CONCERNING MI NOR AND TECHNICAL CHANGES TO THE
	22	+	WORKERS' COMPENSATIO N ACT.
11	23		Be it enacted by the Senate and House of Representatives in General
12	24		Assembly convened:
13	25
14		-	Section 1. (NEW) (Effective October 1, 2021) (a) (1) Wherever the words
15		-	"workers' compensation commissioner", "compensation commissioner"
16		-	or "commissioner" are used to denote a workers' compensation
17		-	commissioner in the following sections of the general statutes, the
18		-	words "administrative law judge" shall be substituted in lieu thereof: 4-
19		-	186, 5-170, 5-192h, 17b-341, 19a-641, 28-14, 29-4a, 31-275, 31-276, 31-277,
20		-	31-278, 31-279, 31-280, 31-280a, as amended by this act, 31-280b, 31-282,
21		-	31-283, 31-283d, 31-283e, 31-283f, as amended by this act, 31-284c, 31-
22		-	286, 31-286a, 31-286b, 31-288, 31-289a, 31-290a, 31-293, 31-294b, 31-294c,
23		-	31-294d, 31-294e, 31-294f, 31-296, 31-296a, 31-297, 31-297a, 31-298, as
24		-	amended by this act, 31-299, 31-299a, 31-299b, 31-300, 31-301, 31-301c,
25		-	31-301d, 31-302, 31-306, 31-306b, 31-307a, 31-308, 31-308a, 31-310, 31-312,
26		-	31-313, 31-315, 31-316, 31-318, 31-321, 31-323, 31-326, 31-327, 31-329, 31-
27		-	341, 31-342, 31-343, 31-349, as amended by this act, 31-349b, 31-349c, 31-
28		-	353, 31-355, 38a-470, 38a-500, 38a-527, 46b-231, 51-49, 51-49a, 51-49b, 51-
29		-	49c, 51-49d, 51-49g, 51-49h, 51-49i, 51-49j, 51-50, 51-50a, 51-50b, 51-51,
30		-	51-51h, 51-51i, 51-51k, 51-51l, 51-51m, 51-51n, 51-51o, 51-51p, 51-51q, 51-
31		-	51r, 51-51s, 51-63 and 52-149a. Senate Bill No. 907
	26	+	Section 1. (NEW) (Effective October 1, 2021) (a) (1) Wherever the words 1
	27	+	"workers' compensation commissioner", "compensation commissioner" 2
	28	+	or "commissioner" are used to denote a workers' compensation 3
	29	+	commissioner in the following sections of the general statutes, the 4
	30	+	words "administrative law judge" shall be substituted in lieu thereof: 4-5
	31	+	186, 5-170, 5-192h, 17b-341, 19a-641, 28-14, 29-4a, 31-275, 31-276, 31-277, 6
	32	+	31-278, 31-279, 31-280, 31-280a, as amended by this act, 31-280b, 31-282, 7
	33	+	31-283, 31-283d, 31-283e, 31-283f, as amended by this act, 31-284c, 31-8
	34	+	286, 31-286a, 31-286b, 31-288, 31-289a, 31-290a, 31-293, 31-294b, 31-294c, 9
	35	+	31-294d, 31-294e, 31-294f, 31-296, 31-296a, 31-297, 31-297a, 31-298, as 10
	36	+	amended by this act, 31-299, 31-299a, 31-299b, 31-300, 31-301, 31-301c, 11
	37	+	31-301d, 31-302, 31-306, 31-306b, 31-307a, 31-308, 31-308a, 31-310, 31-312, 12
	38	+	31-313, 31-315, 31-316, 31-318, 31-321, 31-323, 31-326, 31-327, 31-329, 31-13
	39	+	341, 31-342, 31-343, 31-349, as amended by this act, 31-349b, 31-349c, 31-14
	40	+	353, 31-355, 38a-470, 38a-500, 38a-527, 46b-231, 51-49, 51-49a, 51-49b, 51-15 Raised Bill No. 907
32	41
33		-	Public Act No. 21-18 2 of 10
34	42
35		-	(2) Wherever the words "workers' compensation commissioner",
36		-	"compensation commissioner" or "commissioner" are used to denote a
37		-	workers' compensation commissioner in any public act of the 2021
38		-	session, the words "administrative law judge" shall be substituted in lieu
39		-	thereof.
40		-	(b) The Legislative Commissioners' Office shall, in codifying said
41		-	sections of the general statutes pursuant to subdivision (1) of subsection
42		-	(a) of this section or any public act of the 2021 session pursuant to
43		-	subdivision (2) of subsection (a) of this section, make such technical,
44		-	grammatical and punctuation changes as are necessary to carry out the
45		-	purposes of this section.
46		-	Sec. 2. Subsection (c) of section 31-280a of the general statutes is
47		-	repealed and the following is substituted in lieu thereof (Effective October
48		-	1, 2021):
49		-	(c) The advisory board shall meet at least [twice] once in each
50		-	calendar quarter and at such other times as the chairman or the
51		-	chairman of the Workers' Compensation Commission deem necessary.
52		-	All actions of the advisory board shall require the affirmative vote of six
53		-	members of the advisory board. The advisory board may bring any
54		-	matter related to the operation of the workers' compensation system to
55		-	the attention of the chairman of the Workers' Compensation
56		-	Commission. The advisory board may adopt any rules of procedure that
57		-	the board deems necessary to carry out its duties under this chapter.
58		-	Sec. 3. Subsection (a) of section 31-283f of the general statutes is
59		-	repealed and the following is substituted in lieu thereof (Effective October
60		-	1, 2021):
61		-	(a) A Statistical Division shall be established within the Workers'
62		-	Compensation Commission. The division shall compile and maintain
63		-	statistics concerning occupational injuries and diseases, voluntary Senate Bill No. 907
	43	+	LCO 3455 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00907-
	44	+	R01-SB.docx }
	45	+	2 of 10
64	46
65		-	Public Act No. 21-18 3 of 10
	47	+	49c, 51-49d, 51-49g, 51-49h, 51-49i, 51-49j, 51-50, 51-50a, 51-50b, 51-51, 16
	48	+	51-51h, 51-51i, 51-51k, 51-51l, 51-51m, 51-51n, 51-51o, 51-51p, 51-51q, 51-17
	49	+	51r, 51-51s, 51-63 and 52-149a. 18
	50	+	(2) Wherever the words "workers' compensation commissioner", 19
	51	+	"compensation commissioner" or "commissioner" are used to denote a 20
	52	+	workers' compensation commissioner in any public act of the 2021 21
	53	+	session, the words "administrative law judge" shall be substituted in lieu 22
	54	+	thereof. 23
	55	+	(b) The Legislative Commissioners' Office shall, in codifying said 24
	56	+	sections of the general statutes pursuant to subdivision (1) of subsection 25
	57	+	(a) of this section or any public act of the 2021 session pursuant to 26
	58	+	subdivision (2) of subsection (a) of this section, make such technical, 27
	59	+	grammatical and punctuation changes as are necessary to carry out the 28
	60	+	purposes of this section. 29
	61	+	Sec. 2. Subsection (c) of section 31-280a of the general statutes is 30
	62	+	repealed and the following is substituted in lieu thereof (Effective October 31
	63	+	1, 2021): 32
	64	+	(c) The advisory board shall meet at least [twice] once in each 33
	65	+	calendar quarter and at such other times as the chairman or the 34
	66	+	chairman of the Workers' Compensation Commission deem necessary. 35
	67	+	All actions of the advisory board shall require the affirmative vote of six 36
	68	+	members of the advisory board. The advisory board may bring any 37
	69	+	matter related to the operation of the workers' compensation system to 38
	70	+	the attention of the chairman of the Workers' Compensation 39
	71	+	Commission. The advisory board may adopt any rules of procedure that 40
	72	+	the board deems necessary to carry out its duties under this chapter. 41
	73	+	Sec. 3. Subsection (a) of section 31-283f of the general statutes is 42
	74	+	repealed and the following is substituted in lieu thereof (Effective October 43
	75	+	1, 2021): 44
	76	+	(a) A Statistical Division shall be established within the Workers' 45
	77	+	Compensation Commission. The division shall compile and maintain 46 Raised Bill No. 907
66	78
67		-	agreements, status of claims and commissioners' dockets. [The division
68		-	shall be administered by a full-time salaried director who shall be
69		-	appointed by the chairman of the Workers' Compensation Commission
70		-	under the provisions of chapter 67. The director shall report to the
71		-	chairman.]
72		-	Sec. 4. Section 31-298 of the general statutes is repealed and the
73		-	following is substituted in lieu thereof (Effective October 1, 2021):
74		-	Both parties may appear at any hearing, either in person or by
75		-	attorney or other accredited representative, and no formal pleadings
76		-	shall be required, beyond any informal notices that the commission
77		-	approves. In all cases and hearings under the provisions of this chapter,
78		-	the commissioner shall proceed, so far as possible, in accordance with
79		-	the rules of equity. He shall not be bound by the ordinary common law
80		-	or statutory rules of evidence or procedure, but shall make inquiry,
81		-	through oral testimony, deposition testimony or written and printed
82		-	records, in a manner that is best calculated to ascertain the substantial
83		-	rights of the parties and carry out the provisions and intent of this
84		-	chapter. No fees shall be charged to either party by the commissioner in
85		-	connection with any hearing or other procedure, but the commissioner
86		-	shall furnish at cost (1) certified copies of any testimony, award or other
87		-	matter which may be of record in his office, and (2) duplicates of audio
88		-	[cassette] recordings of any formal hearings. Witnesses subpoenaed by
89		-	the commissioner shall be allowed the fees and traveling expenses that
90		-	are allowed in civil actions, to be paid by the party in whose interest the
91		-	witnesses are subpoenaed. When liability or extent of disability is
92		-	contested by formal hearing before the commissioner, the claimant shall
93		-	be entitled, if he prevails on final judgment, to payment for oral
94		-	testimony or deposition testimony rendered on his behalf by a
95		-	competent physician, surgeon or other medical provider, including the
96		-	stenographic and videotape recording costs thereof, in connection with
97		-	the claim, the commissioner to determine the reasonableness of such Senate Bill No. 907
98	79
99		-	Public Act No. 21-18 4 of 10
	80	+	LCO 3455 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00907-
	81	+	R01-SB.docx }
	82	+	3 of 10
100	83
101		-	charges.
102		-	Sec. 5. Section 31-349 of the general statutes is repealed and the
103		-	following is substituted in lieu thereof (Effective October 1, 2021):
104		-	[(a)] The fact that an employee has suffered a previous disability,
105		-	shall not preclude him from compensation for a second injury, nor
106		-	preclude compensation for death resulting from the second injury. If an
107		-	employee having a previous disability incurs a second disability from a
108		-	second injury resulting in a permanent disability caused by both the
109		-	previous disability and the second injury which is materially and
110		-	substantially greater than the disability that would have resulted from
111		-	the second injury alone, he shall receive compensation for (1) the entire
112		-	amount of disability, including total disability, less any compensation
113		-	payable or paid with respect to the previous disability, and (2) necessary
114		-	medical care, as provided in this chapter, notwithstanding the fact that
115		-	part of the disability was due to a previous disability. For purposes of
116		-	this [subsection] section, "compensation payable or paid with respect to
117		-	the previous disability" includes compensation payable or paid
118		-	pursuant to the provisions of this chapter, as well as any other
119		-	compensation payable or paid in connection with the previous
120		-	disability, regardless of the source of such compensation.
121		-	[(b) As a condition precedent to the liability of the Second Injury
122		-	Fund, the employer or its insurer shall: (1) Notify the custodian of the
123		-	fund by certified mail no later than three calendar years after the date of
124		-	injury or no later than ninety days after completion of payments for the
125		-	first one hundred and four weeks of disability, whichever is earlier, of
126		-	its intent to transfer liability for the claim to the Second Injury Fund; (2)
127		-	include with the notification (A) copies of all medical reports, (B) an
128		-	accounting of all benefits paid, (C) copies of all findings, awards and
129		-	approved voluntary agreements, (D) the employer's or insurer's
130		-	estimate of the reserve amount to ultimate value for the claim, (E) a two-
131		-	thousand-dollar notification fee payable to the custodian to cover the Senate Bill No. 907
	84	+	statistics concerning occupational injuries and diseases, voluntary 47
	85	+	agreements, status of claims and commissioners' dockets. [The division 48
	86	+	shall be administered by a full-time salaried director who shall be 49
	87	+	appointed by the chairman of the Workers' Compensation Commission 50
	88	+	under the provisions of chapter 67. The director shall report to the 51
	89	+	chairman.] 52
	90	+	Sec. 4. Section 31-298 of the general statutes is repealed and the 53
	91	+	following is substituted in lieu thereof (Effective October 1, 2021): 54
	92	+	Both parties may appear at any hearing, either in person or by 55
	93	+	attorney or other accredited representative, and no formal pleadings 56
	94	+	shall be required, beyond any informal notices that the commission 57
	95	+	approves. In all cases and hearings under the provisions of this chapter, 58
	96	+	the commissioner shall proceed, so far as possible, in accordance with 59
	97	+	the rules of equity. He shall not be bound by the ordinary common law 60
	98	+	or statutory rules of evidence or procedure, but shall make inquiry, 61
	99	+	through oral testimony, deposition testimony or written and printed 62
	100	+	records, in a manner that is best calculated to ascertain the substantial 63
	101	+	rights of the parties and carry out the provisions and intent of this 64
	102	+	chapter. No fees shall be charged to either party by the commissioner in 65
	103	+	connection with any hearing or other procedure, but the commissioner 66
	104	+	shall furnish at cost (1) certified copies of any testimony, award or other 67
	105	+	matter which may be of record in his office, and (2) duplicates of audio 68
	106	+	[cassette] recordings of any formal hearings. Witnesses subpoenaed by 69
	107	+	the commissioner shall be allowed the fees and traveling expenses that 70
	108	+	are allowed in civil actions, to be paid by the party in whose interest the 71
	109	+	witnesses are subpoenaed. When liability or extent of disability is 72
	110	+	contested by formal hearing before the commissioner, the claimant shall 73
	111	+	be entitled, if he prevails on final judgment, to payment for oral 74
	112	+	testimony or deposition testimony rendered on his behalf by a 75
	113	+	competent physician, surgeon or other medical provider, including the 76
	114	+	stenographic and videotape recording costs thereof, in connection with 77
	115	+	the claim, the commissioner to determine the reasonableness of such 78
	116	+	charges. 79 Raised Bill No. 907
132	117
133		-	Public Act No. 21-18 5 of 10
134	118
135		-	fund's costs in evaluating the claim proposed to be transferred and (F)
136		-	such other material as the custodian may require. The employer by
137		-	whom the employee is employed at the time of the second injury, or its
138		-	insurer, shall in the first instance pay all awards of compensation and
139		-	all medical expenses provided by this chapter for the first one hundred
140		-	four weeks of disability. Failure on the part of the employer or an insurer
141		-	to comply does not relieve the employer or insurer of its obligation to
142		-	continue furnishing compensation under the provisions of this chapter.
143		-	The custodian of the fund shall, by certified mail, notify a self-insured
144		-	employer or an insurer, as applicable, of the rejection of the claim within
145		-	ninety days after receiving the completed notification. Any claim which
146		-	is not rejected pursuant to this section shall be deemed accepted, unless
147		-	the custodian notifies the self-insured employer or the insurer within
148		-	the ninety-day period that up to an additional ninety days is necessary
149		-	to determine if the claim for transfer will be accepted. If the claim is
150		-	accepted for transfer, the custodian shall file with the workers'
151		-	compensation commissioner for the district in which the claim was filed,
152		-	a form indicating that the claim has been transferred to the Second
153		-	Injury Fund and the date that such claim was transferred and shall
154		-	refund fifteen hundred dollars of the notification fee to the self-insured
155		-	employer or the insurer, as applicable. A copy of the form shall be
156		-	mailed to the self-insured employer or the insurer and to the claimant.
157		-	No further action by the commissioner shall be required to transfer said
158		-	claim. If the custodian rejects the claim of the employer or its insurer,
159		-	the question shall be submitted by certified mail within thirty days of
160		-	the receipt of the notice of rejection by the employer or its insurer to the
161		-	commissioner having jurisdiction, and the employer or insurer shall
162		-	continue furnishing compensation until the outcome is finally decided.
163		-	Claims not submitted to the commissioner within said time period shall
164		-	be deemed withdrawn with prejudice. If the employer or insurer
165		-	prevails, or if the custodian accepts the claim all payments made beyond
166		-	the one-hundred-four-week period shall be reimbursed to the employer
167		-	or insurer by the Second Injury Fund. Senate Bill No. 907
	119	+	LCO 3455 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00907-
	120	+	R01-SB.docx }
	121	+	4 of 10
168	122
169		-	Public Act No. 21-18 6 of 10
	123	+	Sec. 5. Section 31-349 of the general statutes is repealed and the 80
	124	+	following is substituted in lieu thereof (Effective October 1, 2021): 81
	125	+	[(a)] The fact that an employee has suffered a previous disability, 82
	126	+	shall not preclude him from compensation for a second injury, nor 83
	127	+	preclude compensation for death resulting from the second injury. If an 84
	128	+	employee having a previous disability incurs a second disability from a 85
	129	+	second injury resulting in a permanent disability caused by both the 86
	130	+	previous disability and the second injury which is materially and 87
	131	+	substantially greater than the disability that would have resulted from 88
	132	+	the second injury alone, he shall receive compensation for (1) the entire 89
	133	+	amount of disability, including total disability, less any compensation 90
	134	+	payable or paid with respect to the previous disability, and (2) necessary 91
	135	+	medical care, as provided in this chapter, notwithstanding the fact that 92
	136	+	part of the disability was due to a previous disability. For purposes of 93
	137	+	this [subsection,] section, "compensation payable or paid with respect to 94
	138	+	the previous disability" includes compensation payable or paid 95
	139	+	pursuant to the provisions of this chapter, as well as any other 96
	140	+	compensation payable or paid in connection with the previous 97
	141	+	disability, regardless of the source of such compensation. 98
	142	+	[(b) As a condition precedent to the liability of the Second Injury 99
	143	+	Fund, the employer or its insurer shall: (1) Notify the custodian of the 100
	144	+	fund by certified mail no later than three calendar years after the date of 101
	145	+	injury or no later than ninety days after completion of payments for the 102
	146	+	first one hundred and four weeks of disability, whichever is earlier, of 103
	147	+	its intent to transfer liability for the claim to the Second Injury Fund; (2) 104
	148	+	include with the notification (A) copies of all medical reports, (B) an 105
	149	+	accounting of all benefits paid, (C) copies of all findings, awards and 106
	150	+	approved voluntary agreements, (D) the employer's or insurer's 107
	151	+	estimate of the reserve amount to ultimate value for the claim, (E) a two-108
	152	+	thousand-dollar notification fee payable to the custodian to cover the 109
	153	+	fund's costs in evaluating the claim proposed to be transferred and (F) 110
	154	+	such other material as the custodian may require. The employer by 111
	155	+	whom the employee is employed at the time of the second injury, or its 112 Raised Bill No. 907
170	156
171		-	(c) If the second injury of an employee results in the death of the
172		-	employee, and it is determined that the death would not have occurred
173		-	except for a preexisting permanent physical impairment, the employer
174		-	or its insurer shall, in the first instance, pay the funeral expense
175		-	described in this chapter, and shall pay death benefits as may be due for
176		-	the first one hundred four weeks. The employer or its insurer may
177		-	thereafter transfer liability for the death benefits to the Second Injury
178		-	Fund in accordance with the procedures set forth in subsection (b) of
179		-	this section.
180		-	(d) Notwithstanding the provisions of this section, no injury which
181		-	occurs on or after July 1, 1995, shall serve as a basis for transfer of a claim
182		-	to the Second Injury Fund under this section. All such claims shall
183		-	remain the responsibility of the employer or its insurer under the
184		-	provisions of this section.
185		-	(e) All claims for transfer of injuries for which the fund has been
186		-	notified prior to July 1, 1995, shall be deemed withdrawn with prejudice,
187		-	unless the employer or its insurer notifies the custodian of the fund by
188		-	certified mail prior to October 1, 1995, of its intention to pursue transfer
189		-	pursuant to the provisions of this section. No notification fee shall be
190		-	required for notices submitted pursuant to this subsection. This
191		-	subsection shall not apply to notices submitted prior to July 1, 1995, in
192		-	response to the custodian's request, issued on March 15, 1995, for
193		-	voluntary resubmission of notices.
194		-	(f) No claim, where the custodian of the Second Injury Fund was
195		-	served with a valid notice of intent to transfer under this section, shall
196		-	be eligible for transfer to the Second Injury Fund unless all requirements
197		-	for transfer, including payment of the one hundred and four weeks of
198		-	benefits by the employer or its insurer, have been completed prior to
199		-	July 1, 1999. All claims, pursuant to this section, not eligible for transfer
200		-	to the fund on or before July 1, 1999, will remain the responsibility of the
201		-	employer or its insurer.] Senate Bill No. 907
202	157
203		-	Public Act No. 21-18 7 of 10
	158	+	LCO 3455 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00907-
	159	+	R01-SB.docx }
	160	+	5 of 10
204	161
205		-	Sec. 6. Subsection (a) of section 31-354 of the general statutes is
206		-	repealed and the following is substituted in lieu thereof (Effective October
207		-	1, 2021):
208		-	(a) There shall be a fund to be known as the Second Injury Fund. Each
209		-	employer, other than the state, shall, within thirty days after notice
210		-	given by the State Treasurer, pay to the State Treasurer for the use of the
211		-	state a sum in payment of his liability under this chapter which shall be
212		-	calculated in accordance with the Second Injury Fund surcharge base,
213		-	as defined in section 31-349g, [and shall be assessed in accordance with
214		-	subsection (f) of section 31-349,] sections 31-349g, 31-349h and 31-349i,
215		-	this section, section 31-354b and sections 8 and 9 of public act 96-242.
216		-	Such sum shall be an amount sufficient to (1) pay the debt service on
217		-	state revenue bond obligations authorized to be issued under and for
218		-	the purposes set forth in section 31-354b including reserve and covenant
219		-	coverage requirements, (2) provide for costs and expenses of operating
220		-	the Second Injury Fund, and (3) pay Second Injury Fund stipulations on
221		-	claims settled by the custodian or other benefits payable out of the
222		-	Second Injury Fund and not funded through state revenue bond
223		-	obligations and shall be determined in accordance with the regulations
224		-	adopted pursuant to the provisions of section 31-349g. The custodian
225		-	shall establish a factor for the annual surcharge that caps such surcharge
226		-	for the fiscal years ending June 30, 1996, 1997 and 1998. In determining
227		-	such factor the custodian shall consider the funding mechanism
228		-	authorized by [subsection (f) of section 31-349,] sections 31-349g, 31-
229		-	349h and 31-349i, this section, section 31-354b and sections 8 and 9 of
230		-	public act 96-242, recognize that an acceptable level of employer
231		-	assessment is important to the vitality of the economy of the state and
232		-	nevertheless shall assure provision of services to injured workers that
233		-	enhances their ability to return to work and improve their quality of life.
234		-	In any event, such factor shall not exceed, with respect to insured
235		-	employers, a rate of fifteen per cent on the Second Injury Fund
236		-	surcharge base with respect to workers' compensation and employers' Senate Bill No. 907
	162	+	insurer, shall in the first instance pay all awards of compensation and 113
	163	+	all medical expenses provided by this chapter for the first one hundred 114
	164	+	four weeks of disability. Failure on the part of the employer or an insurer 115
	165	+	to comply does not relieve the employer or insurer of its obligation to 116
	166	+	continue furnishing compensation under the provisions of this chapter. 117
	167	+	The custodian of the fund shall, by certified mail, notify a self-insured 118
	168	+	employer or an insurer, as applicable, of the rejection of the claim within 119
	169	+	ninety days after receiving the completed notification. Any claim which 120
	170	+	is not rejected pursuant to this section shall be deemed accepted, unless 121
	171	+	the custodian notifies the self-insured employer or the insurer within 122
	172	+	the ninety-day period that up to an additional ninety days is necessary 123
	173	+	to determine if the claim for transfer will be accepted. If the claim is 124
	174	+	accepted for transfer, the custodian shall file with the workers' 125
	175	+	compensation commissioner for the district in which the claim was filed, 126
	176	+	a form indicating that the claim has been transferred to the Second 127
	177	+	Injury Fund and the date that such claim was transferred and shall 128
	178	+	refund fifteen hundred dollars of the notification fee to the self-insured 129
	179	+	employer or the insurer, as applicable. A copy of the form shall be 130
	180	+	mailed to the self-insured employer or the insurer and to the claimant. 131
	181	+	No further action by the commissioner shall be required to transfer said 132
	182	+	claim. If the custodian rejects the claim of the employer or its insurer, 133
	183	+	the question shall be submitted by certified mail within thirty days of 134
	184	+	the receipt of the notice of rejection by the employer or its insurer to the 135
	185	+	commissioner having jurisdiction, and the employer or insurer shall 136
	186	+	continue furnishing compensation until the outcome is finally decided. 137
	187	+	Claims not submitted to the commissioner within said time period shall 138
	188	+	be deemed withdrawn with prejudice. If the employer or insurer 139
	189	+	prevails, or if the custodian accepts the claim all payments made beyond 140
	190	+	the one-hundred-four-week period shall be reimbursed to the employer 141
	191	+	or insurer by the Second Injury Fund. 142
	192	+	(c) If the second injury of an employee results in the death of the 143
	193	+	employee, and it is determined that the death would not have occurred 144
	194	+	except for a preexisting permanent physical impairment, the employer 145
	195	+	or its insurer shall, in the first instance, pay the funeral expense 146 Raised Bill No. 907
237	196
238		-	Public Act No. 21-18 8 of 10
239	197
240		-	liability policies and, with respect to self-insured employers, a
241		-	comparable percentage limitation representing their pro rata share of
242		-	any assessment. Any employer or any insurance company acting as
243		-	collection agent for the custodian of the Second Injury Fund who fails to
244		-	pay in accordance with such regulations shall pay a penalty to the State
245		-	Treasurer of fifteen per cent on the unpaid assessment or surcharge or
246		-	fifty dollars, whichever is greater. Interest at the rate of six per cent per
247		-	annum shall be charged on any amounts owed on assessment audits or
248		-	surcharge audits. For self-insured employers interest shall accrue thirty
249		-	days after notice from the Second Injury Fund of the unpaid audit
250		-	assessment. For insurance companies, the interest shall accrue from the
251		-	date of the notice of audit errors or deficiencies as determined by the
252		-	date postmarked by the United States Postal Service. The State Treasurer
253		-	shall notify each employer of the penalty or interest provision with the
254		-	notice of assessment. Any partial payments made to the fund shall be
255		-	first applied to any unpaid penalty, then to any unpaid interest and the
256		-	remainder, if any, to the unpaid assessment or surcharge. Interest or
257		-	penalties shall be applied if assessment or surcharge reports or
258		-	payments are postmarked by the United States Postal Service after the
259		-	designated due date. The sums received shall be accounted for
260		-	separately and apart from all other state moneys and the faith and credit
261		-	of the state of Connecticut is pledged for their safekeeping. The State
262		-	Treasurer shall be the custodian of the fund and all disbursements from
263		-	the fund shall be made by the Treasurer or the Treasurer's deputies. The
264		-	moneys of the fund shall be invested by the Treasurer in accordance
265		-	with applicable law and section 8 of public act 96-242. Interest, income
266		-	and dividends from the investments shall be credited to the fund. Each
267		-	employer, each private insurance carrier acting on behalf of any
268		-	employer and each interlocal risk management agency acting on behalf
269		-	of any employer shall annually, on or before April first, report to the
270		-	State Treasurer, in the form prescribed by the State Treasurer, the
271		-	amount of money expended by or on behalf of the employer in
272		-	payments for the preceding calendar year. Each private insurance Senate Bill No. 907
	198	+	LCO 3455 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00907-
	199	+	R01-SB.docx }
	200	+	6 of 10
273	201
274		-	Public Act No. 21-18 9 of 10
	202	+	described in this chapter, and shall pay death benefits as may be due for 147
	203	+	the first one hundred four weeks. The employer or its insurer may 148
	204	+	thereafter transfer liability for the death benefits to the Second Injury 149
	205	+	Fund in accordance with the procedures set forth in subsection (b) of 150
	206	+	this section. 151
	207	+	(d) Notwithstanding the provisions of this section, no injury which 152
	208	+	occurs on or after July 1, 1995, shall serve as a basis for transfer of a claim 153
	209	+	to the Second Injury Fund under this section. All such claims shall 154
	210	+	remain the responsibility of the employer or its insurer under the 155
	211	+	provisions of this section. 156
	212	+	(e) All claims for transfer of injuries for which the fund has been 157
	213	+	notified prior to July 1, 1995, shall be deemed withdrawn with prejudice, 158
	214	+	unless the employer or its insurer notifies the custodian of the fund by 159
	215	+	certified mail prior to October 1, 1995, of its intention to pursue transfer 160
	216	+	pursuant to the provisions of this section. No notification fee shall be 161
	217	+	required for notices submitted pursuant to this subsection. This 162
	218	+	subsection shall not apply to notices submitted prior to July 1, 1995, in 163
	219	+	response to the custodian's request, issued on March 15, 1995, for 164
	220	+	voluntary resubmission of notices. 165
	221	+	(f) No claim, where the custodian of the Second Injury Fund was 166
	222	+	served with a valid notice of intent to transfer under this section, shall 167
	223	+	be eligible for transfer to the Second Injury Fund unless all requirements 168
	224	+	for transfer, including payment of the one hundred and four weeks of 169
	225	+	benefits by the employer or its insurer, have been completed prior to 170
	226	+	July 1, 1999. All claims, pursuant to this section, not eligible for transfer 171
	227	+	to the fund on or before July 1, 1999, will remain the responsibility of the 172
	228	+	employer or its insurer.] 173
	229	+	Sec. 6. Subsection (a) of section 31-354 of the general statutes is 174
	230	+	repealed and the following is substituted in lieu thereof (Effective October 175
	231	+	1, 2021): 176
	232	+	(a) There shall be a fund to be known as the Second Injury Fund. Each 177 Raised Bill No. 907
275	233
276		-	carrier, each self-insurance group and each interlocal risk management
277		-	agency shall submit annually, on or before April first, to the State
278		-	Treasurer, in the form prescribed by the State Treasurer, a report of the
279		-	total Second Injury Fund surcharge base collected in the preceding
280		-	calendar year and a report of the projected total Second Injury Fund
281		-	surcharge base for the current calendar year. The fund shall be used to
282		-	provide the benefits set forth in section 31-306 for adjustments in the
283		-	compensation rate and payment of certain death benefits, in section 31-
284		-	307b for adjustments where there are relapses after a return to work, in
285		-	section 31-307c for totally disabled persons injured prior to October 1,
286		-	1953, in section 31-349, as amended by this act, for disabled or
287		-	handicapped employees and in section 31-355 for the payment of
288		-	benefits due injured employees whose employers or insurance carriers
289		-	have failed to pay the compensation, and medical expenses required by
290		-	this chapter, or any other compensation payable from the fund as may
291		-	be required by any provision contained in this chapter or any other
292		-	statute and to reimburse employers or insurance carriers for payments
293		-	made under subsection (b) of section 31-307a. The assessment required
294		-	by this section is a condition of doing business in this state and failure
295		-	to pay the assessment, when due, shall result in the denial of the
296		-	privilege of doing business in this state or to self-insure under section
297		-	31-284. Any administrative or other costs or expenses incurred by the
298		-	State Treasurer in connection with carrying out the provisions of this
299		-	part, including the hiring of necessary employees, shall be paid from the
300		-	fund. The State Treasurer may adopt regulations, in accordance with the
301		-	provisions of chapter 54, prescribing the practices, policies and
302		-	procedures to be followed in the administration of the Second Injury
303		-	Fund.
304		-	Sec. 7. Subsection (a) of section 31-355a of the general statutes is
305		-	repealed and the following is substituted in lieu thereof (Effective October
306		-	1, 2021): Senate Bill No. 907
307	234
308		-	Public Act No. 21-18 10 of 10
	235	+	LCO 3455 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00907-
	236	+	R01-SB.docx }
	237	+	7 of 10
309	238
310		-	(a) Whenever the Second Injury Fund is required, pursuant to section
311		-	31-355, [or subsection (c) of section 31-349,] to pay benefits or
312		-	compensation mandated by the provisions of this chapter for any
313		-	employer or insurer who fails or is unable to make such payments, the
314		-	amount so paid by the fund shall be collectible by any means provided
315		-	by law for the collection of any tax due the state of Connecticut or any
316		-	subdivision thereof, including any means provided by section 12-35.
317		-	Tax warrants referred to in said section 12-35 may be signed by the State
318		-	Treasurer.
319		-	Sec. 8. Sections 31-276a, 31-298a and 31-304 of the general statutes are
320		-	repealed. (Effective October 1, 2021)
	239	+	employer, other than the state, shall, within thirty days after notice 178
	240	+	given by the State Treasurer, pay to the State Treasurer for the use of the 179
	241	+	state a sum in payment of his liability under this chapter which shall be 180
	242	+	calculated in accordance with the Second Injury Fund surcharge base, 181
	243	+	as defined in section 31-349g, [and shall be assessed in accordance with 182
	244	+	subsection (f) of section 31-349,] sections 31-349g, 31-349h and 31-349i, 183
	245	+	this section, section 31-354b and sections 8 and 9 of public act 96-242. 184
	246	+	Such sum shall be an amount sufficient to (1) pay the debt service on 185
	247	+	state revenue bond obligations authorized to be issued under and for 186
	248	+	the purposes set forth in section 31-354b including reserve and covenant 187
	249	+	coverage requirements, (2) provide for costs and expenses of operating 188
	250	+	the Second Injury Fund, and (3) pay Second Injury Fund stipulations on 189
	251	+	claims settled by the custodian or other benefits payable out of the 190
	252	+	Second Injury Fund and not funded through state revenue bond 191
	253	+	obligations and shall be determined in accordance with the regulations 192
	254	+	adopted pursuant to the provisions of section 31-349g. The custodian 193
	255	+	shall establish a factor for the annual surcharge that caps such surcharge 194
	256	+	for the fiscal years ending June 30, 1996, 1997 and 1998. In determining 195
	257	+	such factor the custodian shall consider the funding mechanism 196
	258	+	authorized by [subsection (f) of section 31-349,] sections 31-349g, 31-197
	259	+	349h and 31-349i, this section, section 31-354b and sections 8 and 9 of 198
	260	+	public act 96-242, recognize that an acceptable level of employer 199
	261	+	assessment is important to the vitality of the economy of the state and 200
	262	+	nevertheless shall assure provision of services to injured workers that 201
	263	+	enhances their ability to return to work and improve their quality of life. 202
	264	+	In any event, such factor shall not exceed, with respect to insured 203
	265	+	employers, a rate of fifteen per cent on the Second Injury Fund 204
	266	+	surcharge base with respect to workers' compensation and employers' 205
	267	+	liability policies and, with respect to self-insured employers, a 206
	268	+	comparable percentage limitation representing their pro rata share of 207
	269	+	any assessment. Any employer or any insurance company acting as 208
	270	+	collection agent for the custodian of the Second Injury Fund who fails to 209
	271	+	pay in accordance with such regulations shall pay a penalty to the State 210
	272	+	Treasurer of fifteen per cent on the unpaid assessment or surcharge or 211
	273	+	fifty dollars, whichever is greater. Interest at the rate of six per cent per 212 Raised Bill No. 907
321	274
	275	+
	276	+	LCO 3455 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00907-
	277	+	R01-SB.docx }
	278	+	8 of 10
	279	+
	280	+	annum shall be charged on any amounts owed on assessment audits or 213
	281	+	surcharge audits. For self-insured employers interest shall accrue thirty 214
	282	+	days after notice from the Second Injury Fund of the unpaid audit 215
	283	+	assessment. For insurance companies, the interest shall accrue from the 216
	284	+	date of the notice of audit errors or deficiencies as determined by the 217
	285	+	date postmarked by the United States Postal Service. The State Treasurer 218
	286	+	shall notify each employer of the penalty or interest provision with the 219
	287	+	notice of assessment. Any partial payments made to the fund shall be 220
	288	+	first applied to any unpaid penalty, then to any unpaid interest and the 221
	289	+	remainder, if any, to the unpaid assessment or surcharge. Interest or 222
	290	+	penalties shall be applied if assessment or surcharge reports or 223
	291	+	payments are postmarked by the United States Postal Service after the 224
	292	+	designated due date. The sums received shall be accounted for 225
	293	+	separately and apart from all other state moneys and the faith and credit 226
	294	+	of the state of Connecticut is pledged for their safekeeping. The State 227
	295	+	Treasurer shall be the custodian of the fund and all disbursements from 228
	296	+	the fund shall be made by the Treasurer or the Treasurer's deputies. The 229
	297	+	moneys of the fund shall be invested by the Treasurer in accordance 230
	298	+	with applicable law and section 8 of public act 96-242. Interest, income 231
	299	+	and dividends from the investments shall be credited to the fund. Each 232
	300	+	employer, each private insurance carrier acting on behalf of any 233
	301	+	employer and each interlocal risk management agency acting on behalf 234
	302	+	of any employer shall annually, on or before April first, report to the 235
	303	+	State Treasurer, in the form prescribed by the State Treasurer, the 236
	304	+	amount of money expended by or on behalf of the employer in 237
	305	+	payments for the preceding calendar year. Each private insurance 238
	306	+	carrier, each self-insurance group and each interlocal risk management 239
	307	+	agency shall submit annually, on or before April first, to the State 240
	308	+	Treasurer, in the form prescribed by the State Treasurer, a report of the 241
	309	+	total Second Injury Fund surcharge base collected in the preceding 242
	310	+	calendar year and a report of the projected total Second Injury Fund 243
	311	+	surcharge base for the current calendar year. The fund shall be used to 244
	312	+	provide the benefits set forth in section 31-306 for adjustments in the 245
	313	+	compensation rate and payment of certain death benefits, in section 31-246
	314	+	307b for adjustments where there are relapses after a return to work, in 247 Raised Bill No. 907
	315	+
	316	+
	317	+	LCO 3455 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00907-
	318	+	R01-SB.docx }
	319	+	9 of 10
	320	+
	321	+	section 31-307c for totally disabled persons injured prior to October 1, 248
	322	+	1953, in section 31-349, as amended by this act, for disabled or 249
	323	+	handicapped employees and in section 31-355 for the payment of 250
	324	+	benefits due injured employees whose employers or insurance carriers 251
	325	+	have failed to pay the compensation, and medical expenses required by 252
	326	+	this chapter, or any other compensation payable from the fund as may 253
	327	+	be required by any provision contained in this chapter or any other 254
	328	+	statute and to reimburse employers or insurance carriers for payments 255
	329	+	made under subsection (b) of section 31-307a. The assessment required 256
	330	+	by this section is a condition of doing business in this state and failure 257
	331	+	to pay the assessment, when due, shall result in the denial of the 258
	332	+	privilege of doing business in this state or to self-insure under section 259
	333	+	31-284. Any administrative or other costs or expenses incurred by the 260
	334	+	State Treasurer in connection with carrying out the provisions of this 261
	335	+	part, including the hiring of necessary employees, shall be paid from the 262
	336	+	fund. The State Treasurer may adopt regulations, in accordance with the 263
	337	+	provisions of chapter 54, prescribing the practices, policies and 264
	338	+	procedures to be followed in the administration of the Second Injury 265
	339	+	Fund. 266
	340	+	Sec. 7. Subsection (a) of section 31-355a of the general statutes is 267
	341	+	repealed and the following is substituted in lieu thereof (Effective October 268
	342	+	1, 2021): 269
	343	+	(a) Whenever the Second Injury Fund is required, pursuant to section 270
	344	+	31-355, [or subsection (c) of section 31-349,] to pay benefits or 271
	345	+	compensation mandated by the provisions of this chapter for any 272
	346	+	employer or insurer who fails or is unable to make such payments, the 273
	347	+	amount so paid by the fund shall be collectible by any means provided 274
	348	+	by law for the collection of any tax due the state of Connecticut or any 275
	349	+	subdivision thereof, including any means provided by section 12-35. 276
	350	+	Tax warrants referred to in said section 12-35 may be signed by the State 277
	351	+	Treasurer. 278
	352	+	Sec. 8. Sections 31-276a, 31-298a and 31-304 of the general statutes are 279
	353	+	repealed. (Effective October 1, 2021) 280 Raised Bill No. 907
	354	+
	355	+
	356	+	LCO 3455 {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00907-
	357	+	R01-SB.docx }
	358	+	10 of 10
	359	+
	360	+	This act shall take effect as follows and shall amend the following
	361	+	sections:
	362	+
	363	+	Section 1 October 1, 2021 New section
	364	+	Sec. 2 October 1, 2021 31-280a(c)
	365	+	Sec. 3 October 1, 2021 31-283f(a)
	366	+	Sec. 4 October 1, 2021 31-298
	367	+	Sec. 5 October 1, 2021 31-349
	368	+	Sec. 6 October 1, 2021 31-354(a)
	369	+	Sec. 7 October 1, 2021 31-355a(a)
	370	+	Sec. 8 October 1, 2021 Repealer section
	371	+
	372	+	LAB Joint Favorable
322	373