Substitute House Bill No. 5250
Public Act No. 22-89
AN ACT CONCERNING MINOR AND TECHNICAL CHANGES TO
THE WORKERS' COMPENSATION ACT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (10) of section 31-275 of the 2022 supplement
to the general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(10) "Employer" means any person, corporation, limited liability
company, firm, partnership, voluntary association, joint stock
association, the state and any public corporation within the state using
the services of one or more employees for pay, or the legal
representative of any such employer, but all contracts of employment
between an employer employing persons excluded from the definition
of employee and any such employee shall be conclusively presumed to
include the following mutual agreements between employer and
employee: (A) That the employer may accept and become bound by the
provisions of this chapter by immediately complying with section 31-
284, as amended by this act; (B) that, if the employer accepts the
provisions of this chapter, the employee shall then be deemed to accept
and be bound by such provisions unless the employer neglects or
refuses to furnish immediately to the employee, on his or her written
request, evidence of compliance with section 31-284, as amended by this Substitute House Bill No. 5250
Public Act No. 22-89 2 of 41
act, in the form of a certificate from the administrative law judge, the
Insurance Commissioner or the insurer, as the case may be; (C) that the
employee may, at any time, withdraw his or her acceptance of, and
become released from, the provisions of this chapter by giving written
or printed notice of his or her withdrawal to the [administrative law
judge] chairperson and to the employer, and the withdrawal shall take
effect immediately from the time of its service on the [administrative
law judge] chairperson and the employer; and (D) that the employer
may withdraw his or her acceptance and the acceptance of the employee
by filing a written or printed notice of his or her withdrawal with the
[administrative law judge] chairperson and with the employee, and the
withdrawal shall take effect immediately from the time of its service on
the [administrative law judge] chairperson and the employee. The
notices of acceptance and withdrawal to be given by an employer
employing persons excluded from the definition of employee and the
notice of withdrawal to be given by the employee, as provided in this
subdivision, shall be served upon the [administrative law judge]
chairperson, employer or employee, [either by personal presentation or
by registered or certified mail] in accordance with section 31-321, as
amended by this act. In determining the number of employees
employed by an individual, the employees of a partnership of which he
is a member shall not be included. A person who is the sole proprietor
of a business may accept the provisions of this chapter by notifying the
[administrative law judge] chairperson, in writing, of his or her intent
to do so. If such person accepts the provisions of this chapter he shall be
considered to be an employer and shall insure his or her full liability in
accordance with subdivision (2) of subsection (b) of section 31-284, as
amended by this act. Such person may withdraw his or her acceptance
by giving notice of his or her withdrawal, in writing, to the
[administrative law judge] chairperson. Any person who is a partner in
a business shall be deemed to have accepted the provisions of this
chapter and shall insure his or her full liability in accordance with
subdivision (2) of subsection (b) of section 31-284, as amended by this Substitute House Bill No. 5250
Public Act No. 22-89 3 of 41
act, unless the partnership elects to be excluded from the provisions of
this chapter by notice, in writing and by signed agreement of each
partner, to the [administrative law judge] chairperson.
Sec. 2. Subsections (a) and (b) of section 31-294c of the general statutes
are repealed and the following is substituted in lieu thereof (Effective
from passage):
(a) No proceedings for compensation under the provisions of this
chapter shall be maintained unless a written notice of claim for
compensation is given within one year from the date of the accident or
within three years from the first manifestation of a symptom of the
occupational disease, as the case may be, which caused the personal
injury, provided, if death has resulted within two years from the date of
the accident or first manifestation of a symptom of the occupational
disease, a dependent or dependents, or the legal representative of the
deceased employee, may make claim for compensation within the two-
year period or within one year from the date of death, whichever is later.
Notice of claim for compensation may be given to the employer or any
administrative law judge and shall state, in simple language, the date
and place of the accident and the nature of the injury resulting from the
accident, or the date of the first manifestation of a symptom of the
occupational disease and the nature of the disease, as the case may be,
and the name and address of the employee and of the person in whose
interest compensation is claimed. An employee of the state shall send a
copy of the notice to the Commissioner of Administrative Services. An
employee of a municipality shall send a copy of the notice to the town
clerk of the municipality in which he or she is employed. An employer,
other than the state or a municipality, may opt to post a copy of where
notice of a claim for compensation shall be sent by an employee in the
workplace location where other labor law posters required by the Labor
Department are prominently displayed. In addition, an employer,
opting to post where notice of a claim for compensation by an employee Substitute House Bill No. 5250
Public Act No. 22-89 4 of 41
shall be sent, shall forward the address of where notice of a claim for
compensation shall be sent to the Workers' Compensation Commission
and the commission shall post such address on its Internet web site. An
employer shall be responsible for verifying that information posted at a
workplace location is consistent with the information posted on the
commission's Internet web site. If an employee, other than an employee
of the state or a municipality, opts to mail to his or her employer the
written notice of a claim for compensation required under the
provisions of this section, such written notice shall be sent by the
employee to the employer [by certified mail] in accordance with section
31-321, as amended by this act. As used in this section, "manifestation of
a symptom" means manifestation to an employee claiming
compensation, or to some other person standing in such relation to him
that the knowledge of the person would be imputed to him, in a manner
that is or should be recognized by him as symptomatic of the
occupational disease for which compensation is claimed.
(b) Whenever liability to pay compensation is contested by the
employer, he shall file with the administrative law judge, on or before
the twenty-eighth day after he has received a written notice of claim, a
notice in accord with a form prescribed by the [chairman] chairperson
of the Workers' Compensation Commission stating that the right to
compensation is contested, the name of the claimant, the name of the
employer, the date of the alleged injury or death and the specific
grounds on which the right to compensation is contested. The employer
shall send a copy of the notice to the employee in accordance with
section 31-321, as amended by this act. If the employer or his legal
representative fails to file the notice contesting liability on or before the
twenty-eighth day after he has received the written notice of claim, the
employer shall commence payment of compensation for such injury or
death on or before the twenty-eighth day after he has received the
written notice of claim, but the employer may contest the employee's
right to receive compensation on any grounds or the extent of his Substitute House Bill No. 5250
Public Act No. 22-89 5 of 41
disability within one year from the receipt of the written notice of claim,
provided the employer shall not be required to commence payment of
compensation when the written notice of claim has not been properly
served in accordance with section 31-321 or when the written notice of
claim fails to include a warning that (1) the employer, if he has
commenced payment for the alleged injury or death on or before the
twenty-eighth day after receiving a written notice of claim, shall be
precluded from contesting liability unless a notice contesting liability is
filed within one year from the receipt of the written notice of claim, and
(2) the employer shall be conclusively presumed to have accepted the
compensability of the alleged injury or death unless the employer either
files a notice contesting liability on or before the twenty-eighth day after
receiving a written notice of claim or commences payment for the
alleged injury or death on or before such twenty-eighth day. An
employer shall be entitled, if he prevails, to reimbursement from the
claimant of any compensation paid by the employer on and after the
date the administrative law judge receives written notice from the
employer or his legal representative, in accordance with the form
prescribed by the [chairman] chairperson of the Workers' Compensation
Commission, stating that the right to compensation is contested.
Notwithstanding the provisions of this subsection, an employer who
fails to contest liability for an alleged injury or death on or before the
twenty-eighth day after receiving a written notice of claim and who fails
to commence payment for the alleged injury or death on or before such
twenty-eighth day, shall be conclusively presumed to have accepted the
compensability of the alleged injury or death. If an employer has opted
to post an address of where notice of a claim for compensation by an
employee shall be sent, as described in subsection (a) of this section, the
twenty-eight-day period set forth in this subsection shall begin on the
date when such employer receives written notice of a claim for
compensation at such posted address.
Sec. 3. Subsection (b) of section 31-296 of the 2022 supplement to the Substitute House Bill No. 5250
Public Act No. 22-89 6 of 41
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(b) Before discontinuing or reducing payment on account of total or
partial incapacity under any such agreement, the employer or the
employer's insurer, if it is claimed by or on behalf of the injured
employee that such employee's incapacity still continues, shall notify
the administrative law judge and the employee, [by certified mail] in
accordance with section 31-321, as amended by this act, of the proposed
discontinuance or reduction of such payments. Such notice shall specify
the reason for the proposed discontinuance or reduction and the date
such proposed discontinuance or reduction will commence. No
discontinuance or reduction shall become effective unless specifically
approved in writing by the administrative law judge. The employee
may request a hearing on any such proposed discontinuance or
reduction not later than fifteen days after receipt of such notice. Any
such request for a hearing shall be given priority over requests for
hearings on other matters. The administrative law judge shall not
approve any such discontinuance or reduction prior to the expiration of
the period for requesting a hearing or the completion of such hearing,
whichever is later. In any case where the administrative law judge finds
that an employer has discontinued or reduced any payments made in
accordance with this section without the approval of the administrative
law judge, such employer shall be required to pay to the employee the
total amount of all payments so discontinued or the total amount by
which such payments were reduced, as the case may be, and shall be
required to pay interest to the employee, at a rate of one and one-quarter
per cent per month or portion of a month, on any payments so
discontinued or on the total amount by which such payments were
reduced, as the case may be, plus reasonable attorney's fees incurred by
the employee in relation to such discontinuance or reduction.
Sec. 4. Section 31-321 of the general statutes is repealed and the Substitute House Bill No. 5250
Public Act No. 22-89 7 of 41
following is substituted in lieu thereof (Effective from passage):
Unless otherwise specifically provided, or unless the circumstances
of the case or the rules of the commission direct otherwise, any notice
required under this chapter to be served upon an employer, employee,
[or] administrative law judge or the chairperson shall be by written or
printed notice, service personally or by registered or certified mail
addressed to the person upon whom it is to be served at the person's
last-known residence or place of business. Notices on behalf of a minor
shall be given by or to such minor's parent or guardian or, if there is no
parent or guardian, then by or to such minor.
Sec. 5. Section 31-276 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) There shall be a Workers' Compensation Commission to
administer the workers' compensation system. There shall be sixteen
administrative law judges. On or before the date of the expiration of the
term of each administrative law judge or upon the occurrence of a
vacancy in the office of any administrative law judge for any reason, the
Governor shall nominate a competent person to fill that office.
Subsequent to July 1, 1993, each person nominated by the Governor to
serve as an administrative law judge shall have been a member in good
standing of the Connecticut bar for at least five years preceding the
nomination, provided the Governor shall not be precluded from
renominating an individual who has previously served as an
administrative law judge. The administrative law judges shall, upon
nomination by the Governor, be appointed by the General Assembly as
prescribed by law. They shall serve for a term of five years, but may be
removed by impeachment. The Governor shall from time to time select
one of the sixteen administrative law judges to serve as [chairman]
chairperson of the Workers' Compensation Commission at the pleasure
of the Governor. The administrative law judge selected by the Governor
to be [chairman] chairperson shall have previously served as an Substitute House Bill No. 5250
Public Act No. 22-89 8 of 41
administrative law judge in this state for at least one year.
(b) Notwithstanding the provisions of subsection (a) of this section,
on and after October 1, 1988, any administrative law judge whose term
expires on December thirty-first shall continue to serve until the next
succeeding March thirty-first.
(c) Each nomination made by the Governor to the General Assembly
for an administrative law judge shall be referred, without debate, to the
committee on the judiciary, which shall report thereon within thirty
legislative days from the time of reference, but no later than seven
legislative days before the adjourning of the General Assembly. Each
appointment by the General Assembly of an administrative law judge
shall be by concurrent resolution. The action on the passage of each such
resolution in the House and in the Senate shall be by vote taken on the
electrical roll-call device. No resolution shall contain the name of more
than one nominee. The Governor shall, within five days after he has
notice that any nomination for an administrative law judge made by him
has failed to be approved by the affirmative concurrent action of both
houses of the General Assembly, make another nomination to such
office.
(d) Notwithstanding the provisions of section 4-19, no vacancy in the
position of an administrative law judge shall be filled by the Governor
when the General Assembly is not in session unless, prior to such filling,
the Governor submits the name of the proposed vacancy appointee to
the committee on the judiciary. Within forty-five days, the committee on
the judiciary may, upon the call of either [chairman] chairperson, hold
a special meeting for the purpose of approving or disapproving such
proposed vacancy appointee by majority vote. The Governor shall not
administer the oath of office to such proposed vacancy appointee until
the committee has approved such proposed vacancy appointee. If the
committee determines that it cannot complete its investigation and act
on such proposed vacancy appointee within such forty-five-day period, Substitute House Bill No. 5250
Public Act No. 22-89 9 of 41
it may extend such period by an additional fifteen days. The committee
shall notify the Governor in writing of any such extension. Failure of the
committee to act on such proposed vacancy appointee within such
forty-five-day period or any fifteen-day extension period shall be
deemed to be an approval.
(e) Each administrative law judge shall be sworn to a faithful
performance of his duties. After notice and public hearing the Governor
may remove any administrative law judge for cause and the good of the
public service. Each administrative law judge shall devote his full time
to the duties of his office and shall not be otherwise gainfully employed.
Sec. 6. Subsection (a) of section 31-277 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) Each administrative law judge shall, during his first year of service
as an administrative law judge, receive an annual salary of six thousand
dollars less than the highest step level of a Superior Court judge; during
his second year of service as an administrative law judge, each
administrative law judge shall receive an annual salary of five thousand
dollars less than the highest step level of a Superior Court judge; during
his third year of service as an administrative law judge, he shall receive
an annual salary of four thousand dollars less than the highest step level
of a Superior Court judge; during his fourth year of service as an
administrative law judge, he shall receive an annual salary of three
thousand dollars less than the highest step level of a Superior Court
judge; during his fifth year of service as an administrative law judge, he
shall receive an annual salary of two thousand dollars less than the
highest step level of a Superior Court judge; and during his sixth year
of service as an administrative law judge, he shall receive an annual
salary of one thousand dollars less than the highest step level of a
Superior Court judge, together with his necessary clerical, office and
travel expenses as approved by the Comptroller; and the [chairman] Substitute House Bill No. 5250
Public Act No. 22-89 10 of 41
chairperson of the Workers' Compensation Commission shall receive in
addition ten thousand dollars annually. Each administrative law judge
shall devote his entire time to the duties of his office and shall not be
otherwise gainfully employed.
Sec. 7. Section 31-278 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
Each administrative law judge shall, for the purposes of this chapter,
have power to summon and examine under oath such witnesses, and
may direct the production of, and examine or cause to be produced or
examined, such books, records, vouchers, memoranda, documents,
letters, contracts or other papers in relation to any matter at issue as he
may find proper, and shall have the same powers in reference thereto as
are vested in magistrates taking depositions and shall have the power
to order depositions pursuant to section 52-148. He shall have power to
certify to official acts and shall have all powers necessary to enable him
to perform the duties imposed upon him by the provisions of this
chapter. Each administrative law judge shall hear all claims and
questions arising under this chapter in the district to which the
administrative law judge is assigned and all such claims shall be filed in
the district in which the claim arises, provided, if it is uncertain in which
district a claim arises, or if a claim arises out of several injuries or
occupational diseases which occurred in one or more districts, the
administrative law judge to whom the first request for hearing is made
shall hear and determine such claim to the same extent as if it arose
solely within his own district. If an administrative law judge is
disqualified or temporarily incapacitated from hearing any matter, or if
the parties shall so request and the [chairman] chairperson of the
Workers' Compensation Commission finds that it will facilitate a
speedier disposition of the claim, he shall designate some other
administrative law judge to hear and decide such matter. The Superior
Court, on application of an administrative law judge or the [chairman] Substitute House Bill No. 5250
Public Act No. 22-89 11 of 41
chairperson or the Attorney General, may enforce, by appropriate
decree or process, any provision of this chapter or any proper order of
an administrative law judge or the [chairman] chairperson rendered
pursuant to any such provision. Any administrative law judge, after
ceasing to hold office as such administrative law judge, may settle and
dispose of all matters relating to appealed cases, including correcting
findings and certifying records, as well as any other unfinished matters
pertaining to causes theretofore tried by him, to the same extent as if he
were still such administrative law judge.
Sec. 8. Section 31-279 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) The [chairman] chairperson of the Workers' Compensation
Commission shall adopt regulations, in accordance with the provisions
of chapter 54, specifying the minimum information to be contained in a
notice of the availability of compensation which shall be posted in the
workplace by each employer subject to the provisions of this chapter
pursuant to subsection (f) of section 31-284.
(b) The [chairman] chairperson of the Workers' Compensation
Commission shall, not later than July 1, 1991, adopt regulations, in
accordance with chapter 54, to create a uniform system to be used by
medical professionals in determining the degree of physical impairment
of persons receiving compensation under this chapter.
(c) (1) Any employer or any insurer acting on behalf of an employer,
may establish a plan, subject to the approval of the [chairman]
chairperson of the Workers' Compensation Commission under
subsection (d) of this section, for the provision of medical care that the
employer provides for treatment of any injury or illness under this
chapter. Each plan shall contain such information as the [chairman]
chairperson shall require, including, but not limited to: Substitute House Bill No. 5250
Public Act No. 22-89 12 of 41
(A) A listing of all persons who will provide services under the plan,
along with appropriate evidence that each person listed has met any
licensing, certification or registration requirement necessary for the
person to legally provide the service in this state;
(B) A listing of all pharmacies that will provide services under the
plan, to which the employer, any insurer acting on behalf of the
employer, or any other entity acting on behalf of the employer or insurer
shall make direct payments for any prescription drug prescribed by a
physician participating in the plan;
(C) A designation of the times, places and manners in which the
services will be provided;
(D) A description of how the quality and quantity of medical care will
be managed; and
(E) Such other provisions as the employer and the employees may
agree to, subject to the approval of the [chairman] chairperson.
(2) The election by an employee covered by a plan established under
this subsection to obtain medical care and treatment from a provider of
medical services who is not listed in the plan shall suspend the
employee's right to compensation, subject to the order of the
administrative law judge.
(d) Each plan established under subsection (c) of this section shall be
submitted to the [chairman] chairperson for his approval at least one
hundred twenty days before the proposed effective date of the plan and
each approved plan, along with any proposed changes therein, shall be
resubmitted to the [chairman] chairperson every two years thereafter
for reapproval. The [chairman] chairperson shall approve or disapprove
such plans on the basis of standards established by the [chairman]
chairperson in consultation with a medical advisory panel appointed by
the [chairman] chairperson. Such standards shall include, but not be Substitute House Bill No. 5250
Public Act No. 22-89 13 of 41
limited to: (1) The ability of the plan to provide all medical and health
care services that may be required under this chapter in a manner that
is timely, effective and convenient for the employees; (2) the inclusion
in the plan of all categories of medical service and of an adequate
number of providers of each type of medical service in accessible
locations to ensure that employees are given an adequate choice of
providers; (3) the provision in the plan for appropriate financial
incentives to reduce service costs and utilization without a reduction in
the quality of service; (4) the inclusion in the plan of fee screening, peer
review, service utilization review and dispute resolution procedures
designed to prevent inappropriate or excessive treatment; and (5) the
inclusion in the plan of a procedure by which information on medical
and health care service costs and utilization will be reported to the
[chairman] chairperson in order for him to determine the effectiveness
of the plan.
(e) Any person who serves as a member of the medical advisory
panel, appointed by the [chairman] chairperson of the Workers'
Compensation Commission pursuant to subsection (d) of this section,
shall be deemed to be a state officer or employee for purposes of
indemnification and defense under section 5-141d.
Sec. 9. Section 31-280 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) There shall continue to be a [chairman] chairperson of the
Workers' Compensation Commission selected by the Governor as
provided in section 31-276, as amended by this act. The [chairman]
chairperson may not hear any matter arising under this chapter, except
appeals brought before the Compensation Review Board and except as
provided in subdivision (14) of subsection (b) of this section. The
[chairman] chairperson shall prepare the forms used by the commission,
shall have custody of the insurance coverage cards, shall prepare and
keep a list of self-insurers, shall prepare the annual report to the Substitute House Bill No. 5250
Public Act No. 22-89 14 of 41
Governor and shall publish, when necessary, bulletins showing the
changes in the compensation law, with annotations to the Connecticut
cases. The [chairman] chairperson shall be provided with sufficient staff
to assist him in the performance of his duties. The [chairman]
chairperson may, within available appropriations, appoint acting
administrative law judges on a per diem basis from among former
administrative law judges or qualified members of the bar of this state.
Any acting administrative law judge appointed under this subsection
shall be paid on a per diem basis in an amount to be determined by the
Commissioner of Administrative Services, subject to the provisions of
section 4-40, and shall have all the powers and duties of administrative
law judges. The Workers' Compensation Commission shall not be
construed to be a commission or board subject to the provisions of
section 4-9a.
(b) The [chairman] chairperson of the Workers' Compensation
Commission shall:
(1) Establish workers' compensation districts and district offices
within the state, assign administrative law judges to the districts to hear
all matters arising under this chapter within the districts and may
reassign administration law judges once each year, except that when
there is a vacancy, illness or other emergency, or when unexpected
caseload increases require, the [chairman] chairperson may reassign
administrative law judges more than once each year;
(2) Adopt such rules as the [chairman] chairperson, in consultation
with the advisory board, deems necessary for the conduct of the internal
affairs of the Workers' Compensation Commission;
(3) Adopt regulations, in consultation with the advisory board and in
accordance with the provisions of chapter 54, to carry out his
responsibilities under this chapter; Substitute House Bill No. 5250
Public Act No. 22-89 15 of 41
(4) Prepare and adopt an annual budget and plan of operation in
consultation with the advisory board;
(5) Prepare and submit an annual report to the Governor and the
General Assembly;
(6) Allocate the resources of the commission to carry out the purposes
of this chapter;
(7) Establish an organizational structure and such divisions for the
commission, consistent with this chapter, as the [chairman] chairperson
deems necessary for the efficient and prompt operation of the
commission;
(8) Establish policy for all matters over which the commission has
jurisdiction, including education, statistical support and administrative
appeals;
(9) Appoint such supplementary advisory panels as the [chairman]
chairperson deems necessary and helpful;
(10) Establish, in consultation with the advisory board, (A) an
approved list of practicing physicians, surgeons, podiatrists,
optometrists and dentists from which an injured employee shall choose
for examination and treatment under the provisions of this chapter,
which shall include, but not be limited to, classifications of approved
practitioners by specialty, and (B) standards for the approval and
removal of physicians, surgeons, podiatrists, optometrists and dentists
from the list by the [chairman] chairperson;
(11) (A) Establish standards in consultation with the advisory board
for approving all fees for services rendered under this chapter by
attorneys, physicians, surgeons, podiatrists, optometrists, dentists and
other persons; Substitute House Bill No. 5250
Public Act No. 22-89 16 of 41
(B) In consultation with employers, their insurance carriers, union
representatives, physicians and third-party reimbursement
organizations establish, not later than October 1, 1993, and publish
annually thereafter, a fee schedule setting the fees payable by an
employer or its insurance carrier for services rendered under this
chapter by an approved physician, surgeon, podiatrist, optometrist,
dentist and other persons, provided the fee schedule shall not apply to
services rendered to a claimant who is participating in an employer's
managed care plan pursuant to section 31-279, as amended by this act.
On and after April 1, 2008, the [chairman] chairperson shall implement
and annually update relative values based on the Medicare resource-
based relative value scale and implement coding guidelines in
conformance with the Correct Coding Initiative used by the federal
Centers for Medicare and Medicaid Services. The conversion to the
Medicare resource-based relative value scale shall be revenue-neutral.
The fee schedule shall limit the annual growth in total medical fees to
the annual percentage increase in the consumer price index for all urban
workers. The [chairman] chairperson may make necessary adjustments
to the fee schedule for services rendered under this chapter where there
is no established Medicare resource-based relative value. Payment of
the established fees by the employer or its insurance carrier shall
constitute payment in full to the practitioner, and the practitioner may
not recover any additional amount from the claimant to whom services
have been rendered;
(C) Issue, not later than October 1, 1993, and publish annually
thereafter, guidelines for the maximum fees payable by a claimant for
any legal services rendered by an attorney in connection with the
provisions of this chapter, which fees shall be approved in accordance
with the standards established by the [chairman] chairperson pursuant
to subparagraph (A) of this subdivision;
(12) Approve applications for employer-sponsored medical care Substitute House Bill No. 5250
Public Act No. 22-89 17 of 41
plans, based on standards developed in consultation with a medical
advisory panel as provided in section 31-279, as amended by this act;
(13) Establish procedures for the hiring, dismissing or otherwise
disciplining and promoting employees of the commission, subject
where appropriate to the provisions of chapter 67;
(14) Control the hearing calendars of the administrative law judges,
and if necessary, preside over informal hearings in regard to
compensation under the provisions of this chapter in order to facilitate
the timely and efficient processing of cases;
(15) Enter into contracts with consultants and such other persons as
necessary for the proper functioning of the commission;
(16) Direct and supervise all administrative affairs of the commission;
(17) Keep and maintain a record of all advisory board proceedings;
(18) Assign and reassign a district manager and other staff to each of
the commission's district offices;
(19) Collect and analyze statistical data concerning the administration
of the Workers' Compensation Commission;
(20) Direct and supervise the implementation of a uniform case filing
and processing system in each of the district offices that will include, but
not be limited to, the ability to provide data on the number of cases
having multiple hearings, the number of postponed hearings and
hearing schedules for each district office;
(21) Establish staff development, training and education programs
designed to improve the quality of service provided by the commission,
including, but not limited to, a program to train district office staff in the
screening of hearing requests; Substitute House Bill No. 5250
Public Act No. 22-89 18 of 41
(22) Develop standard forms for requesting hearings and standard
policies regarding limits on the number of informal hearings that will
be allowed under this chapter, and limits on the number of
postponements that will be permitted before a formal hearing is held
pursuant to section 31-297;
(23) Develop guidelines for expediting disputed cases;
(24) Establish an ongoing training program, in consultation with the
advisory board, designed to assist the administrative law judges in the
fulfillment of their duties pursuant to the provisions of section 31-278,
as amended by this act, which program shall include instruction in the
following areas: Discovery, evidence, statutory interpretation, medical
terminology, legal decision writing and the purpose and procedures of
informal and formal hearings;
(25) Evaluate, in conjunction with the advisory board, the
performance of each administrative law judge biannually and,
notwithstanding the provisions of subsection (b) of section 1-210 and
chapter 55, make the performance evaluation of any administrative law
judge available only to the Governor, the members of the joint standing
committee on the judiciary and the respective administrative law judge
prior to any public hearing on the reappointment of any such
administrative law judge. Any information disclosed to such persons
shall be used by such persons only for the purpose for which it was
given and shall not be disclosed to any other person;
(26) (A) In consultation with insurers and practitioners, establish not
later than October 1, 1993, and publish annually thereafter, practitioner
billing guidelines for employers, workers' compensation insurance
carriers and practitioners approved by the [chairman] chairperson
pursuant to subdivision (10) of this subsection. The guidelines shall
include procedures for the resolution of billing disputes and shall
prohibit a practitioner from billing or soliciting payments from a Substitute House Bill No. 5250
Public Act No. 22-89 19 of 41
claimant for services rendered to the claimant under the provisions of
this chapter (i) during a payment dispute between the practitioner and
the employer or its workers' compensation insurance carrier, or (ii) in
excess of the maximum fees established pursuant to subparagraph (B)
of subdivision (11) of this subsection;
(B) In consultation with practitioners and insurers, develop not later
than July 1, 1994, practice protocols for reasonable and appropriate
treatment of a claimant under the provisions of this chapter, based on
the diagnosis of injury or illness. The commission shall annually publish
the practice protocols for use by approved practitioners, employers,
workers' compensation insurance carriers and administrative law
judges in evaluating the necessity and appropriateness of care provided
to a claimant under the provisions of this chapter;
(C) In consultation with practitioners and insurers, develop not later
than July 1, 1994, utilization review procedures for reasonable and
appropriate treatment of a claimant under the provisions of this chapter.
The [chairman] chairperson shall annually publish the procedures for
use by approved practitioners, employers, workers' compensation
insurance carriers and administrative law judges in evaluating the
necessity and appropriateness of care provided to a claimant under the
provisions of this chapter.
(c) The [chairman] chairperson, as soon as practicable after April first
of each year, shall submit to the Comptroller an estimated budget of
expenditures which shall include all direct and indirect costs incurred
by the Workers' Compensation Commission for the succeeding fiscal
year commencing on July first next. The Workers' Compensation
Commission, for the purposes of administration, shall not expend more
than the amounts specified in such estimated budget for each item of
expenditure except as authorized by the Comptroller. The [chairman]
chairperson shall include in his annual report to the Governor a
statement showing the expenses of administering the Workers' Substitute House Bill No. 5250
Public Act No. 22-89 20 of 41
Compensation Act for the preceding fiscal year.
(d) The [chairman] chairperson and the Comptroller, as soon as
practicable after August first in each year, shall ascertain the total
amount of expenses incurred by the commission, including, in addition
to the direct cost of personnel services, the cost of maintenance and
operation, rentals for space occupied in state leased offices and all other
direct and indirect costs, incurred by the commission and the expenses
incurred by the Department of Aging and Disability Services in
providing rehabilitation services for employees suffering compensable
injuries in accordance with the provisions of section 31-283a, during the
preceding fiscal year in connection with the administration of the
Workers' Compensation Act and the total noncontributory payments
required to be made to the Treasurer towards administrative law judges'
retirement salaries as provided in sections 51-49, 51-50, 51-50a and 51-
50b. An itemized statement of the expenses as so ascertained shall be
available for public inspection in the office of the [chairman]
chairperson of the Workers' Compensation Commission for thirty days
after notice to all insurance carriers, and to all employers permitted to
pay compensation directly affected thereby.
Sec. 10. Subsections (a) to (c), inclusive, of section 31-280a of the 2022
supplement to the general statutes are repealed and the following is
substituted in lieu thereof (Effective from passage):
(a) There shall be an Advisory Board of the Workers' Compensation
Commission to advise the [chairman] chairperson on matters
concerning policy for and the operation of the commission. The
advisory board shall consist of eight members, who shall be appointed
by the Governor, with the advice and consent of the General Assembly.
Four of such members shall represent employees and four shall
represent employers. One of such members representing employees
shall be an individual who has suffered an extensive disability arising
out of and in the course of his employment. One of such members Substitute House Bill No. 5250
Public Act No. 22-89 21 of 41
representing employers shall be a representative of a major general
hospital in the state. On or before January 1, 1992, the Governor shall
appoint, and the General Assembly shall confirm, such members of the
advisory board as follows: Two shall serve a term of four years from
said date, one of whom shall represent employees and one of whom
shall represent employers; two shall serve a term of three years from
said date, one of whom shall represent employees and one of whom
shall represent employers; two shall serve a term of two years from said
date, one of whom shall represent employees and one of whom shall
represent employers; and two shall serve a term of one year from said
date, one of whom shall represent employees and one of whom shall
represent employers. Thereafter such members shall be appointed for a
term of four years from January first in the year of their appointment.
Any vacancy on the advisory board shall be filled for the remainder of
the term in the same manner as the original appointment. The
[chairman] chairperson of the Workers' Compensation Commission
shall serve as an ex-officio member of the advisory board without the
power to vote.
(b) The appointed members of the advisory board shall select a ninth
member who shall be impartial and shall serve as the [chairman]
chairperson of the advisory board. The members of the advisory board
shall serve without compensation. Each member shall be reimbursed for
expenses necessarily incurred by the member in the performance of his
duties. The advisory board shall not be construed to be a board or
commission subject to the provisions of section 4-9a. The Workers'
Compensation Commission shall provide such staff as is necessary for
the performance of the functions and duties of the advisory board.
(c) The advisory board shall meet at least once in each calendar
quarter and at such other times as the [chairman] chairperson or the
[chairman] chairperson of the Workers' Compensation Commission
deem necessary. All actions of the advisory board shall require the Substitute House Bill No. 5250
Public Act No. 22-89 22 of 41
affirmative vote of six members of the advisory board. The advisory
board may bring any matter related to the operation of the workers'
compensation system to the attention of the [chairman] chairperson of
the Workers' Compensation Commission. The advisory board may
adopt any rules of procedure that the board deems necessary to carry
out its duties under this chapter.
Sec. 11. Subsection (a) of section 31-280b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) There shall be a Compensation Review Board within the Workers'
Compensation Commission. The [chairman] chairperson of the
Workers' Compensation Commission shall serve as chief of the
Compensation Review Board and shall have responsibility for the
operation of the board. On or before January 1, 1992, the [chairman]
chairperson shall appoint a chief clerk of the Compensation Review
Board under the provisions of chapter 67 who shall be responsible to the
[chairman] chairperson for the efficient operation of the board.
Sec. 12. Section 31-283g of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
The Workers' Compensation Commissi on shall provide, in
convenient locations throughout the state, education services to
employees concerning the prevention of occupational diseases and
injuries, training for nonmanagement employees in workers'
compensation procedures and substantive rights, information to
employers concerning known and suspected workplace hazards and
training and information for medical professionals in workers'
compensation procedures, standards and requirements. The [chairman]
chairperson shall be provided with sufficient staff to assist him in the
performance of his duties. The [chairman] chairperson of the Workers'
Compensation Commission may adopt regulations, in accordance with Substitute House Bill No. 5250
Public Act No. 22-89 23 of 41
the provisions of chapter 54, to implement the provisions of this section.
Sec. 13. Subsections (b) and (c) of section 31-284 of the general statutes
are repealed and the following is substituted in lieu thereof (Effective
from passage):
(b) Each employer who does not furnish to the [chairman]
chairperson of the Workers' Compensation Commission satisfactory
proof of his solvency and financial ability to pay directly to injured
employees or other beneficiaries compensation provided by this chapter
shall insure his full liability under this chapter, other than his liability
for assessments pursuant to sections 31-345, as amended by this act, and
31-354 in one of the following ways: (1) By filing with the Insurance
Commissioner in form acceptable to him security guaranteeing the
performance of the obligations of this chapter by the employer; or (2) by
insuring his full liability under this part, exclusive of any liability
resulting from the terms of section 31-284b, in any stock or mutual
companies or associations that are or may be authorized to take such
risks in this state; or (3) by any combination of the methods provided in
subdivisions (1) and (2) of this subsection as he may choose, subject to
the approval of the Insurance Commissioner. If the employer fails to
comply with the requirements of this subsection, an employee may
bring an action against such employer for damages on account of
personal injury sustained by such employee arising out of and in the
course of his employment or on account of death resulting from
personal injury so sustained, except that there shall be no liability under
this section to an individual on the part of the employer if such
individual held himself out to the employer as an independent
contractor and the employer, in good faith, relied on that representation
as well as other indicia of such status and classified such individual as
an independent contractor. In case of an alleged noncompliance with the
provisions of this subsection, a certificate of noncompliance under oath,
by the [chairman] chairperson of the Workers' Compensation Substitute House Bill No. 5250
Public Act No. 22-89 24 of 41
Commission, shall constitute prima facie evidence of noncompliance.
(c) Each employer who does not furnish to the [chairman]
chairperson of the Workers' Compensation Commission satisfactory
proof of his solvency and financial ability to pay directly to the State
Treasurer the assessments required in sections 31-345, as amended by
this act, and 31-354 shall insure his full liability for the assessments in
one of the following ways: (1) By filing with the Insurance
Commissioner in form acceptable to him security guaranteeing the
payment of the assessments by the employer; (2) by insuring his full
liability for the assessments in any stock or mutual companies or
associations that are or may be authorized to take such risks in this state;
or (3) by any combination of the methods provided in subdivisions (1)
and (2) of this subsection as he may choose, subject to the approval of
the Insurance Commissioner. The payment of the assessments required
under sections 31-345, as amended by this act, and 31-354 is a condition
of doing business in this state and failure to pay the assessments, when
due, shall result in the denial of the privilege of doing business in this
state or to self-insure under subsections (b) and (c) of this section. If the
liability for the assessments is insured, the insurance shall be by
endorsement to a policy meeting all of the requirements of the Insurance
Commissioner, or by a separate policy insuring the liability for the
assessments, and otherwise meeting all of the requirements of the
Insurance Commissioner. In the case of any employer who files
acceptable security guaranteeing the liability for the assessments, failure
to pay the assessments, when due, shall result in the denial of the
privilege to self-insure under subsections (b) and (c) of this section.
Sec. 14. Subsection (e) of section 31-288 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(e) The [chairman] chairperson of the Workers' Compensation
Commission shall notify the State Treasurer and the Attorney General Substitute House Bill No. 5250
Public Act No. 22-89 25 of 41
of the imposition of any penalty, the date it was imposed, the amount
and whether there has been an appeal of said penalty. Any civil penalty
order issued pursuant to subsection (c) or (d) of this section shall state
that payment shall be made to the Second Injury Fund of the State
Treasurer, and that failure to pay within ninety days may result in civil
action to double the penalty. The State Treasurer shall collect any
penalty owed, and if the penalty is not paid within ninety days, the State
Treasurer shall notify the [chairman] chairperson of the Workers'
Compensation Commission and the Attorney General so that civil
action may be brought pursuant to section 31-289. Any appeal of a
penalty assessed pursuant to the provisions of subsections (c) and (d) of
this section shall be taken in accordance with the provisions of section
31-301, as amended by this act. The [chairman] chairperson shall adopt
regulations for the administrative law judges to use in setting fines
which shall require the administrative law judges to take into account
the nature of the employer's business and his number of employees.
Sec. 15. Section 31-289a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) If any civil penalty imposed pursuant to any provision of this
chapter is not paid within ninety days of its imposition by an
administrative law judge, or within ninety days of the final disposition
of an appeal, as the case may be, the [chairman] chairperson of the
Workers' Compensation Commission shall immediately notify the
Attorney General of such failure to pay. Upon such notification, the
Attorney General may bring a civil action in the name of the state of
Connecticut in the superior court for the judicial district where the
administrative law judge imposed the civil penalty, to recover double
the amount of the civil penalty together with reasonable attorney's fees
and costs as taxed by the court. Any recovery under this section shall be
disbursed in the same manner as recoveries pursuant to section 31-355,
as amended by this act. Substitute House Bill No. 5250
Public Act No. 22-89 26 of 41
(b) An affidavit sworn to or affirmed by the [chairman] chairperson
of the Workers' Compensation Commission, or by the administrative
law judge who imposed the civil penalty referred to in the affidavit,
stating the name of the administrative law judge who imposed the civil
penalty, the amount of the civil penalty, the name of the violator against
whom the civil penalty was imposed, whether or not an appeal was
taken, the disposition of the appeal and whether or not the penalty was
paid, shall constitute prima facie proof of the facts contained in the
affidavit. Copies of the records of the Workers' Compensation
Commission, or of any administrative law judge, certified by said
[chairman] chairperson or by the administrative law judge having
custody of the records, containing the name of the administrative law
judge who imposed a civil penalty, the amount of the civil penalty, the
name of the violator against whom the civil penalty was imposed,
whether or not an appeal was taken, the disposition of the appeal and
whether or not the penalty was paid, shall constitute prima facie proof
of the facts contained in the records.
(c) Civil actions pursuant to this section shall be privileged in their
assignment for trial.
Sec. 16. Subsection (b) of section 31-290a of the 2022 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(b) Any employee who is so discharged, disciplined or discriminated
against or who has been deliberately misinformed or deliberately
dissuaded from filing a claim for workers' compensation benefits or a
claim for payment of benefits from the Connecticut Essential Workers
COVID-19 Assistance Fund may either: (1) Bring a civil action in the
superior court for the judicial district where the employer has its
principal office for the reinstatement of his previous job, payment of
back wages and reestablishment of employee benefits to which he
would have otherwise been entitled if he had not been discriminated Substitute House Bill No. 5250
Public Act No. 22-89 27 of 41
against or discharged and any other damages caused by such
discrimination or discharge. The court may also award punitive
damages. Any employee who prevails in such a civil action shall be
awarded reasonable attorney's fees and costs to be taxed by the court;
or (2) file a complaint with the [chairman] chairperson of the Workers'
Compensation Commission alleging violation of the provisions of
subsection (a) of this section. Upon receipt of any such complaint, the
[chairman] chairperson shall select an administrative law judge to hear
the complaint, provided any administrative law judge who has
previously rendered any decision concerning the claim shall be
excluded. The hearing shall be held in the workers' compensation
district where the employer has its principal office. After the hearing,
the administrative law judge shall send each party a written copy of his
decision. The administrative law judge may award the employee the
reinstatement of his previous job, payment of back wages and
reestablishment of employee benefits to which he otherwise would have
been eligible if he had not been discriminated against or discharged.
Any employee who prevails in such a complaint shall be awarded
reasonable attorney's fees. Any party aggrieved by the decision of the
administrative law judge may appeal the decision to the Appellate
Court.
Sec. 17. Subsections (a) and (b) of section 31-290d of the general
statutes are repealed and the following is substituted in lieu thereof
(Effective from passage):
(a) There shall be a workers' compensation fraud unit within the
office of the Chief State's Attorney in the Division of Criminal Justice.
The unit, under the supervision of the Chief State's Attorney, may, upon
receipt of a complaint, at the request of the [chairman] chairperson of
the Workers' Compensation Commission or on its own initiative,
investigate cases of alleged fraud involving any claim for benefits, any
receipt or payment of benefits, or the insurance or self-insurance of Substitute House Bill No. 5250
Public Act No. 22-89 28 of 41
liability under sections 31-275 to 31-355a, inclusive, as amended by this
act. Upon conclusion of the investigation, the Chief State's Attorney
shall take appropriate action to enforce the laws of this state.
(b) The workers' compensation fraud unit shall submit a quarterly
report detailing its activities to the [chairman] chairperson and the
Advisory Board of the Workers' Compensation Commission and to the
Insurance Commissioner.
Sec. 18. Section 31-294d of the 2022 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) (1) The employer, as soon as the employer has knowledge of an
injury, shall provide a competent physician, surgeon, physician
assistant or advanced practice registered nurse to attend the injured
employee and, in addition, shall furnish any medical and surgical aid or
hospital and nursing service, including medical rehabilitation services
and prescription drugs, as the physician, surgeon, physician assistant or
advanced practice registered nurse deems reasonable or necessary. The
employer, any insurer acting on behalf of the employer, or any other
entity acting on behalf of the employer or insurer shall be responsible
for paying the cost of such prescription drugs directly to the provider.
If the employer utilizes an approved providers list, when an employee
reports a work-related injury or condition to the employer the employer
shall provide the employee with such approved providers list within
two business days of such reporting.
(2) If the injured employee is a local or state police officer, state
marshal, judicial marshal, correction officer, emergency medical
technician, paramedic, ambulance driver, firefighter, or active member
of a volunteer fire company or fire department engaged in volunteer
duties, who has been exposed in the line of duty to blood or bodily fluids
that may carry blood-borne disease, the medical and surgical aid or Substitute House Bill No. 5250
Public Act No. 22-89 29 of 41
hospital and nursing service provided by the employer shall include any
relevant diagnostic and prophylactic procedure for and treatment of any
blood-borne disease.
(b) The employee shall select the physician, surgeon, physician
assistant or advanced practice registered nurse from an approved list of
physicians, surgeons, physician assistants and advanced practice
registered nurses prepared by the [chairman] chairperson of the
Workers' Compensation Commission. If the employee is unable to make
the selection, the employer shall do so, subject to ratification by the
employee or his next of kin. If the employer has a full-time staff
physician, physician assistant or advanced practice registered nurse or
if a physician, physician assistant or advanced practice registered nurse
is available on call, the initial treatment required immediately following
the injury may be rendered by that physician, physician assistant or
advanced practice registered nurse, but the employee may thereafter
select his own physician, physician assistant or advanced practice
registered nurse as provided by this chapter for any further treatment
without prior approval of the administrative law judge.
(c) The administrative law judge may, without hearing, at the request
of the employer or the injured employee, when good reason exists, or
on his own motion, authorize or direct a change of physician, surgeon,
physician assistant or advanced practice registered nurse or hospital or
nursing service provided pursuant to subsection (a) of this section.
(d) (1) The pecuniary liability of the employer for the medical and
surgical service required by this section shall be limited to the charges
that prevail in the same community or similar communities for similar
treatment of injured persons of a like standard of living when the similar
treatment is paid for by the injured person. Notwithstanding the
provisions of chapter 368z, prior to the date the liability of the employer
is established pursuant to subdivision (2) of this subsection, the liability
of the employer for hospital service shall be determined exclusively by Substitute House Bill No. 5250
Public Act No. 22-89 30 of 41
the provisions of this subdivision and shall remain the amount it
actually costs the hospital to render the service, as determined by the
administrative law judge, except in the case of state humane institutions,
the liability of the employer shall be the per capita cost as determined
by the Comptroller under the provisions of section 17b-223. All disputes
concerning liability for hospital services in workers' compensation cases
shall be filed not later than one year from the date the initial payment
for services was remitted, regardless of the date such services were
provided, unless any applicable law, rule or regulation establishes a
shorter time frame, and shall be settled by the administrative law judge
in accordance with this chapter.
(2) Commencing ninety days after the formulas established by the
[chairman] chairperson of the Workers' Compensation Commission
have been published pursuant to subsection (e) of this section, unless
the employer and hospital or ambulatory surgical center have otherwise
negotiated to determine the liability of the employer for hospital or
ambulatory surgical center services required by this section, the liability
of the employer for hospital or ambulatory surgical center services shall
be: (A) If such services are covered by Medicare, limited to the
reimbursements listed in such formulas published pursuant to
subsection (e) of this section, or (B) if such services are not covered by
Medicare, determined by the [chairman] chairperson, in consultation
with employers and their insurance carriers, self-insured employers,
hospitals, ambulatory surgical centers, third-party reimbursement
organizations and other entities as deemed necessary by the Workers'
Compensation Commission.
(e) Not later than January 1, 2015, the [chairman] chairperson of the
Workers' Compensation Commission shall, in consultation with
employers and their insurance carriers, self-insured employers,
hospitals, ambulatory surgical centers, third-party reimbursement
organizations and other entities as deemed necessary by the Workers' Substitute House Bill No. 5250
Public Act No. 22-89 31 of 41
Compensation Commission, establish and publish Medicare-based
formulas, when available, to set the liability of employers for hospital
and ambulatory surgical center services required by this section that are
covered by Medicare. After the initial publication of such formulas, the
[chairman] chairperson shall publish such formulas on each January
first thereafter.
(f) If the employer fails to promptly provide a physician, surgeon,
physician assistant or advanced practice registered nurse or any medical
and surgical aid or hospital and nursing service as required by this
section, the injured employee may obtain a physician, surgeon,
physician assistant or advanced practice registered nurse, selected from
the approved list prepared by the [chairman] chairperson, or such
medical and surgical aid or hospital and nursing service at the expense
of the employer.
Sec. 19. Subsection (a) of section 31-294f of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) An injured employee shall submit himself to examination by a
reputable practicing physician or surgeon, at any time while claiming or
receiving compensation, upon the reasonable request of the employer
or at the direction of the administrative law judge. The examination
shall be performed to determine the nature of the injury and the
incapacity resulting from the injury. The physician or surgeon shall be
selected by the employer from an approved list of physicians and
surgeons prepared by the [chairman] chairperson of the Workers'
Compensation Commission and shall be paid by the employer. At any
examination requested by the employer or directed by the
administrative law judge under this section, the injured employee shall
be allowed to have in attendance any reputable practicing physician or
surgeon that the employee obtains and pays for himself. The employee
shall submit to all other physical examinations as required by this Substitute House Bill No. 5250
Public Act No. 22-89 32 of 41
chapter. The refusal of an injured employee to submit himself to a
reasonable examination under this section shall suspend his right to
compensation during such refusal.
Sec. 20. Subsection (c) of section 31-295 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(c) If the employee is entitled to receive compensation for permanent
disability to an injured member in accordance with the provisions of
subsection (b) of section 31-308, the compensation shall be paid to him
beginning not later than thirty days following the date of the maximum
improvement of the member or members and, if the compensation
payments are not so paid, the employer shall, in addition to the
compensation rate, pay interest at the rate of ten per cent per annum on
such sum or sums from the date of maximum improvement. The
employer shall ascertain at least monthly whether employees are
entitled to compensation because of a loss of wages as a result of the
injury and, if there is a loss of wages, shall pay the compensation. The
[chairman] chairperson of the Workers' Compensation Commission
shall adopt regulations, in accordance with the provisions of chapter 54,
for the purpose of assuring prompt payment by the employer or his
insurance carrier.
Sec. 21. Section 31-297a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
In any informal hearing held by the administrative law judge or
[chairman] chairperson of the Workers' Compensation Commission in
regard to compensation under the provisions of this chapter, any
recommendations made by the administrative law judge or [chairman]
chairperson at the informal hearing shall be reduced to writing and, if
the parties accept such recommendations, the recommendations shall be
as binding upon both parties as an award by the administrative law Substitute House Bill No. 5250
Public Act No. 22-89 33 of 41
judge or [chairman] chairperson. The administrative law judge or
[chairman] chairperson shall not postpone any such informal hearing if
one party fails to attend unless both parties agree to the postponement.
Sec. 22. Subsection (e) of section 31-301 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(e) When an appeal is taken to the Compensation Review Board, the
chief clerk thereof shall notify the administrative law judge from whose
award the appeal was taken, in writing, of any action of the
Compensation Review Board thereon and of the final disposition of the
appeal, whether by judgment, withdrawal or otherwise, and shall upon
the decision of the appeal, furnish the administrative law judge with a
copy of the decision. Whenever any appeal is pending, if it appears to
the Compensation Review Board that justice so requires, the
Compensation Review Board shall order a certified copy of the evidence
for the use of the employer, the employee or both, and the certified copy
shall be made a part of the record on the appeal. The procedure in
appealing from an award of the administrative law judge shall be the
same as the procedure employed in an appeal from the Superior Court
to the Supreme Court, where applicable. The [chairman] chairperson of
the Workers' Compensation Commission shall adopt regulations, in
accordance with the provisions of chapter 54, to establish rules, methods
of procedure and forms as the [chairman] chairperson deems expedient
for the purposes of this chapter.
Sec. 23. Subsection (b) of section 31-306b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) Not later than October 1, 1998, the [chairman] chairperson of the
Workers' Compensation Commission shall develop a standard form
that may be used by employers and insurers to provide the notice Substitute House Bill No. 5250
Public Act No. 22-89 34 of 41
required under subsection (a) of this section.
Sec. 24. Subsection (b) of section 31-310 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) Each August fifteenth, the [chairman] chairperson of the Workers'
Compensation Commission, in consultation with the advisory board,
shall publish tables of the average weekly wage and seventy-five per
cent of the average weekly wage after being reduced by any deduction
for federal or state taxes, or both, and for the federal Insurance
Contributions Act, to be effective the following October first, except that
not later than June thirtieth, the [chairman] chairperson, in consultation
with the advisory board, shall publish tables of the average weekly
wage and seventy-five per cent of the average weekly wage after being
reduced by any deduction for federal or state taxes, or both, and for the
federal Insurance Contributions Act, to be effective during the period
July 1, 1993, to October 1, 1993. Such tables shall be conclusive for the
purpose of determining seventy-five per cent of the average weekly
earnings of an injured employee after such earnings have been reduced
by any deduction for federal or state taxes, or both, and for the federal
Insurance Contributions Act made from such employee's total wages
received during the period of calculation of the employee's average
weekly wage for purposes of sections 31-306, 31-307 and 31-308.
Sec. 25. Subsection (a) of section 31-316 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) Each employer shall keep a record of the injuries sustained by his
employees in the course of their employment that result in incapacity
for one day or more. Each employer shall send to the [chairman]
chairperson of the Workers' Compensation Commission, in duplicate,
each week, or more often if so directed, a report of all injuries that the Substitute House Bill No. 5250
Public Act No. 22-89 35 of 41
rules prescribed by the [chairman] chairperson determine, including the
time of each injury, together with notices of claims for compensation
that have been served upon the employer under section 31-294c, as
amended by this act, within one week of the receipt of the notices of
claims. The employer shall inform the [chairman] chairperson as to the
extent to which he provides accident and health insurance and life
insurance coverage for his employees, and his payment or contribution
requirements for any employee welfare plan, as defined in section 31-
284b. No other report of injuries to employees shall be required by any
department or office of the state from employers. The duplicates of the
reports shall be immediately transmitted to the Labor Commissioner.
Sec. 26. Section 31-326 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
Whenever the [chairman] chairperson of the Workers' Compensation
Commission finds that any insurance company or association insuring
the liability of an employer under the provisions of this chapter is
conducting such business improperly or is dilatory in investigating and
adjusting claims or making payments, or fails to comply with the
provisions of this chapter or the rules, methods or procedure and forms
adopted by the [chairman] chairperson, the [chairman] chairperson
shall notify the Insurance Commissioner, in writing, setting forth the
facts, and thereupon the Insurance Commissioner shall fix a time and
place for a hearing thereon, giving reasonable notice to the [chairman]
chairperson and to such company or association of such hearing, and, if
he finds the allegations to be true, he shall either suspend for a time or
revoke the license of such company or association to transact such
business in this state. Whenever an administrative law judge has reason
to believe that any employer who has furnished proof of his financial
ability or filed with the Insurance Commissioner security for the
performance of the obligations of this chapter in accordance with section
31-284, as amended by this act, is dilatory in investigating or adjusting Substitute House Bill No. 5250
Public Act No. 22-89 36 of 41
claims or in making payments, or fails to comply with the provisions of
this chapter or the rules, methods of procedure and forms adopted by
the [chairman] chairperson, he may notify the Insurance Commissioner,
in writing, setting forth the facts, and thereupon the Insurance
Commissioner shall fix the time and place for a hearing thereon, giving
reasonable notice to the administrative law judge and to such employer,
and, if he finds the allegations to be true, then, after ten days from the
notice of such findings to such employer, the compliance of such
employer with the terms of section 31-284, as amended by this act, shall
be, as to any future injuries, null and void.
Sec. 27. Subsection (b) of section 31-345 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) (1) When, after the close of a fiscal year ending prior to July 1,
1990, the [chairman] chairperson of the Workers' Compensation
Commission and the Comptroller have determined the total amount of
expenses of the Workers' Compensation Commission in accordance
with the provisions of subsection (d) of section 31-280, as amended by
this act, the Treasurer shall thereupon assess upon and collect from each
employer, other than the state and any municipality participating for
purposes of its liability under this chapter as a member in an interlocal
risk management agency pursuant to chapter 113a, the proportion of
such expenses that the total compensation and payment for hospital,
medical and nursing care made by such self-insured employer or
private insurance carrier acting on behalf of any such employer bore to
the total compensation and payments for hospital, medical and nursing
care made by all such insurance carriers and self-insurers. The amount
so secured shall be used to reimburse the Treasurer for appropriations
theretofore made by the state for the payment in the first instance of the
expenses of administering this chapter. On and after July 1, 1986, the
Treasurer shall, as soon as possible after the close of a fiscal year ending Substitute House Bill No. 5250
Public Act No. 22-89 37 of 41
prior to July 1, 1990, estimate the pro rata cost to each employer based
upon the costs assessed to such employer in the immediately preceding
fiscal year and shall assess upon and collect from each such employer
such estimated costs annually which shall be payable as provided in
subsection (a) of this section except each annual assessment shall
include an amount which represents the difference between the
payments collected and the actual costs assessed to such employer for
the immediately preceding fiscal year. The Treasurer is authorized to
make credits or rebates for overpayments made under this subsection
by any employer for any fiscal year.
(2) The [chairman] chairperson of the Workers' Compensation
Commission shall annually, on or after July first of each fiscal year,
determine an amount sufficient in the [chairman's] chairperson's
judgment to meet the expenses incurred by the Workers' Compensation
Commission and the Department of Aging and Disability Services in
providing rehabilitation services for employees suffering compensable
injuries in accordance with section 31-283a. Such expenses shall include
(A) the costs of the Division of Workers' Rehabilitation and the
programs established by its director, for fiscal years prior to the fiscal
year beginning July 1, 2011, (B) the costs of the Division of Worker
Education and the programs established by its director, and (C) funding
for the occupational health clinic program created pursuant to sections
31-396 to 31-402, inclusive. The Treasurer shall thereupon assess upon
and collect from each employer, other than the state and any
municipality participating for purposes of its liability under this chapter
as a member in an interlocal risk management agency pursuant to
chapter 113a, the proportion of such expenses, based on the
immediately preceding fiscal year, that the total compensation and
payment for hospital, medical and nursing care made by such
self-insured employer or private insurance carrier acting on behalf of
any such employer bore to the total compensation and payments for the
immediately preceding fiscal year for hospital, medical and nursing care Substitute House Bill No. 5250
Public Act No. 22-89 38 of 41
made by such insurance carriers and self-insurers. For the fiscal years
ending June 30, 2000, and June 30, 2001, such assessments shall not
exceed five per cent of such total compensation and payments made by
such insurance carriers and self-insurers. For the fiscal years ending
June 30, 2002, and June 30, 2003, such assessments shall not exceed four
and one-half per cent of such total compensation and payments made
by such insurance carriers and self-insurers. For any fiscal year ending
on or after June 30, 2004, such assessment shall not exceed four per cent
of such total compensation and payments made by such insurance
carriers and self-insurers. Such assessments and expenses shall not
exceed the budget estimates submitted in accordance with subsection
(c) of section 31-280, as amended by this act. For each fiscal year, such
assessment shall be reduced pro rata by the amount of any surplus from
the assessments of prior fiscal years. Said surplus shall be determined in
accordance with subdivision (3) of this subsection. Such assessments
shall be made in one annual assessment upon receipt of the [chairman's]
chairperson's expense determination by the Treasurer. All assessments
shall be paid not later than sixty days following the date of the
assessment by the Treasurer. Any employer who fails to pay such
assessment to the Treasurer within the time prescribed by this
subdivision shall pay interest to the Treasurer on the assessment at the
rate of eight per cent per annum from the date the assessment is due
until the date of payment. All assessments received by the Treasurer
pursuant to this subdivision to meet the expenses of the Workers'
Compensation Commission shall be deposited in the Workers'
Compensation Administration Fund established under section 31-344a.
All assessments received by the Treasurer pursuant to this subdivision
to meet the expenses incurred by the Department of Aging and
Disability Services in providing rehabilitation services for employees
suffering compensable injuries in accordance with section 31-283a shall
be deposited in the Workers' Compensation Administration Fund. The
Treasurer is hereby authorized to make credits or rebates for
overpayments made under this subsection by any employer for any Substitute House Bill No. 5250
Public Act No. 22-89 39 of 41
fiscal year.
(3) As soon as practicable after the close of the state fiscal year, the
Comptroller shall examine the Workers' Compensation Administration
Fund and shall direct the State Treasurer to set aside within said fund
amounts in excess of fifty per cent of the expenditures of the Workers'
Compensation Commission for the most recently completed fiscal year,
which shall be considered a surplus for purposes of subdivision (2) of
subsection (b) of this section.
Sec. 28. Section 31-348 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
Every insurance company writing compensation insurance or its
duly appointed agent shall report in writing or by other means to the
[chairman] chairperson of the Workers' Compensation Commission, in
accordance with rules prescribed by the [chairman] chairperson, the
name of the person or corporation insured, including the state, the day
on which the policy becomes effective and the date of its expiration,
which report shall be made within fifteen days from the date of the
policy. The cancellation of any policy so written and reported shall not
become effective until fifteen days after notice of such cancellation has
been filed with the [chairman] chairperson. Any insurance company
violating any provision of this section shall be fined not less than one
hundred nor more than one thousand dollars for each offense.
Sec. 29. Section 31-349c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) The custodian of the Second Injury Fund and an insurer or self-
insured employer seeking to transfer a claim to the fund shall submit all
controverted issues regarding the existence of a previous disability
under section 31-349 to the [chairman] chairperson of the Workers'
Compensation Commission. The [chairman] chairperson shall appoint Substitute House Bill No. 5250
Public Act No. 22-89 40 of 41
a panel of three physicians, as defined in subdivision (17) of section 31-
275, and submit such dispute to the panel, along with whatever
evidence and materials he deems necessary for consideration in the
matter. The panel may examine the claimant, who shall submit to any
examination such panel may require. Within sixty days of receiving the
submission, the panel shall file its opinion, in writing, with the
[chairman] chairperson, who shall forward it, along with any records
generated by the panel's work on the case, to the administrative law
judge having jurisdiction over the claim in which the dispute arose. The
panel's opinion shall be determined by a majority vote of the three
members. Such opinion shall be binding on all parties to the claim and
may not be appealed to the Compensation Review Board pursuant to
section 31-301, as amended by this act.
(b) The [chairman] chairperson of the Workers' Compensation
Commission shall adopt regulations in accordance with the provisions
of chapter 54 to establish a fee schedule for payment of medical panel
members. Any fees paid pursuant to the provisions of this section shall
be paid by the self-insured employer or insurer seeking fund
reimbursement.
Sec. 30. Subdivision (2) of subsection (a) of section 31-349g of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective from passage):
(2) "Self-insured employer" means an employer who is approved to
self-insure its liabilities under this chapter by the [chairman]
chairperson of the Workers' Compensation Commission. For the period
commencing October 1, 2004, and ending December 31, 2004, "self-
insured employer" includes an employer mutual association organized
prior to June 6, 1996, with a membership composed exclusively of health
care providers and whose premium base is derived entirely from health
care organizations. Substitute House Bill No. 5250
Public Act No. 22-89 41 of 41
Sec. 31. Subsection (b) of section 31-355 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(b) When an award of compensation has been made under the
provisions of this chapter against an employer who failed, neglected,
refused or is unable to pay any type of benefit coming due as a
consequence of such award or any adjustment in compensation
required by this chapter, and whose insurer failed, neglected, refused or
is unable to pay the compensation, such compensation shall be paid
from the Second Injury Fund. The administrative law judge, on a finding
of failure or inability to pay compensation, shall give notice to the
Treasurer of the award, directing the Treasurer to make payment from
the fund. Whenever liability to pay compensation is contested by the
Treasurer, the Treasurer shall file with the administrative law judge, on
or before the twenty-eighth day after the Treasurer has received an
order of payment from the administrative law judge, a notice in
accordance with a form prescribed by the [chairman] chairperson of the
Workers' Compensation Commission stating that the right to
compensation is contested, the name of the claimant, the name of the
employer, the date of the alleged injury or death and the specific
grounds on which the right to compensation is contested. A copy of the
notice shall be sent to the employee. The administrative law judge shall
hold a hearing on such contested liability at the request of the Treasurer
or the employee in accordance with the provisions of this chapter. If the
Treasurer fails to file the notice contesting liability within the time
prescribed in this section, the Treasurer shall be conclusively presumed
to have accepted the compensability of such alleged injury or death from
the Second Injury Fund and shall have no right thereafter to contest the
employee's right to receive compensation on any grounds or contest the
extent of the employee's disability.