Connecticut General Statutes
Chapter 568 - Workers' Compensation Act
Section 31-278. - Powers and duties of administrative law judges.

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 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 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 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.

(1949 Rev., S. 7436; 1958 Rev., S. 31-142; 1961, P.A. 491, S. 4; February, 1965, P.A. 577, S. 2; 1969, P.A. 662, S. 4; 1971, P.A. 339; P.A. 73-152; P.A. 76-80, S. 1, 3; P.A. 80-414, S. 4; P.A. 81-472, S. 65, 159; P.A. 82-289, S. 2; P.A. 84-320, S. 4, 6; P.A. 91-339, S. 4, 55; P.A. 21-18, S. 1; P.A. 22-89, S. 7.)
History: 1961 act entirely replaced previous provisions; 1965 act added exceptions to residency requirement, established sixth district office in New Britain and revised list of towns which serve as hearing locations; 1969 act deleted references to “congressional” districts, established seventh district office in Stamford and revised list of towns which serve as hearing locations; 1971 act deleted exceptions to residency requirement which had existed for fourth district commissioner and which had stated that at-large commissioner must reside in a town of the state, added proviso re jurisdiction in cases where there is uncertainty as to district in which claim arises, allowed designation of other than usual commissioner to hear claims if parties request it and commissioner finds it will aid speedy disposition; P.A. 73-152 revised list of towns which serve as hearing locations; P.A. 76-80 empowered commissioners “to order depositions pursuant to section 52-148”; P.A. 80-414 added provision re board chairman's maintenance of an office; P.A. 81-472 made technical changes; P.A. 82-289 referred to Norwich as a town rather than as a city; P.A. 84-320 provided that the commissioner for the eighth district shall maintain an office in Middletown, and that hearings in the district shall be held in Middletown; P.A. 91-339 deleted provisions re commissioners residing in assigned districts and requirements re office locations and changed certain references to “commission” to read “chairman”, effective July 1, 1992; pursuant to P.A. 21-18, “commissioner” and “compensation commissioner” were changed editorially by the Revisors to “administrative law judge”, effective October 1, 2021; P.A. 22-89 made technical changes, effective May 24, 2022.
See Sec. 31-276 re compensation commissioners' nomination, appointment, terms of office, removal, etc.
Commissioner has jurisdiction only in his own district unless local commissioner is “disqualified or incapacitated”; cannot act by consent of parties. 99 C. 236. Powers of commissioners are purely statutory. 108 C. 33. Contract made in this state, to be performed in another state, governed by our law. 111 C. 696. No jurisdiction to determine rights between employer and two insurance companies. 113 C. 504; 120 C. 503. When acting commissioner is disqualified, commissioner in whose district accident occurred has jurisdiction to name commissioner to act further. 118 C. 29. Cited. 129 C. 594; 132 C. 172; 133 C. 668; 218 C. 46; 232 C. 758. Section does not give commissioner subject matter jurisdiction over insurance coverage issues that require application of laws other than provisions of Workers' Compensation Act. 248 C. 754. Because of the use of “may” instead of “shall”, commissioners are permitted, not required, to continue to hear cases subsequent to their retirement. 251 C. 153.
Cited. 16 CA 138; 21 CA 9; judgment reversed, see 218 C. 46; 22 CA 539; judgment reversed, see 219 C. 439; 24 CA 234; 29 CA 249; 31 CA 819; 34 CA 673; 36 CA 150. The language of the statute does not confer jurisdiction on the commissioner to pierce the corporate veil of a defendant employer. 204 CA 665.
Former commissioner who heard the case originally had authority to hear it upon remand after appeal. 14 CS 302. Cited. 39 CS 321.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 31 - Labor

Chapter 568 - Workers' Compensation Act

Section 31-275. - Definitions.

Section 31-275a and 31-275b. - District defined; continuation of commissioners in office. Workers' compensation districts.

Section 31-275c. - Officers of fraternal organizations.

Section 31-275d. - Term “administrative law judge” substituted for “workers' compensation commissioner”, “compensation commissioner” and “commissioner”.

Section 31-276. - Workers' Compensation Commission. Administrative law judges. Nomination by Governor. Appointment by General Assembly. Terms of office. Removal. Selection of chairman.

Section 31-276a. - Commissioners and commission to be within Labor Department for administrative purposes only.

Section 31-277. - Salary of administrative law judges. Longevity payments.

Section 31-278. - Powers and duties of administrative law judges.

Section 31-279. - Notice of availability of compensation. Uniform system for determination of degree of physical impairment. Employer-sponsored plan for medical care and treatment. Indemnification of medical advisory panel members.

Section 31-279a. - Booklet to be distributed explaining act.

Section 31-279b. - Notice of availability of coverage under act. Content. Posting.

Section 31-280. - Chairperson of the Workers' Compensation Commission. Powers and duties. Budget. Report of expenses.

Section 31-280a. - Advisory Board of the Workers' Compensation Commission.

Section 31-280b. - Compensation Review Board.

Section 31-281. - Designation of commissioner to act in another district.

Section 31-282. - Successor may complete acts when administrative law judge dies.

Section 31-283. - Annual pension upon retirement of administrative law judge.

Section 31-283a. - Rehabilitation programs for employees suffering compensable injuries.

Section 31-283b and 31-283c. - Financing of division and programs. Agreements with other state or federal agencies.

Section 31-283d. - Adjustment of salary of certain retired administrative law judges.

Section 31-283e. - Election of retirement benefits.

Section 31-283f. - Statistical Division.

Section 31-283g. - Education services for employees concerning the prevention of occupational diseases and injuries.

Section 31-283h. - Financing of Division of Worker Education.

Section 31-284. - Basic rights and liabilities. Civil action to enjoin noncomplying employer from entering into employment contracts. Notice of availability of compensation.

Section 31-284a. - State contracting with private insurance carrier. Duties and powers of Commissioner of Administrative Services.

Section 31-284b. - Employer to continue insurance coverage or welfare plan payments for employees eligible to receive workers' compensation. Use of Second Injury Fund.

Section 31-284c. - Complaints of violations. Hearing. Findings and award. Appeal.

Section 31-285. - Substitute systems of compensation.

Section 31-286. - Certificate of employer's compliance.

Section 31-286a. - Insurance requirements for contractors on public works projects and renewals of state business licenses.

Section 31-286b. - Proof of workers' compensation coverage prior to issuance of building permit, condition.

Section 31-287. - Provisions required in liability insurance policies.

Section 31-288. - Additional liability. Penalty for undue delay, noncompliance with insurance requirements and for defrauding workers' compensation insurance carrier. Notice of penalty to Attorney General and State Treasurer. Payment. Civil action fo...

Section 31-289. - Disposition of fines and penalties.

Section 31-289a. - Civil action to recover civil penalties. Privileged assignment for trial.

Section 31-289b. - Civil action to enjoin noncomplying employer from conducting business in the state.

Section 31-290. - Obligations not to be evaded.

Section 31-290a. - Discharge, discipline or discrimination prohibited. Misinformation or dissuasion prohibited. Right of action.

Section 31-290b. - Penalty for false statement.

Section 31-290c. - Fraudulent claim or receipt of benefits. Penalties.

Section 31-290d. - Workers' compensation fraud unit.

Section 31-291. - Principal employer, contractor and subcontractor.

Section 31-291a. - Method of computing workers' compensation premiums for construction contractors.

Section 31-291b. - Method of computing workers' compensation premiums for volunteer staff of municipality or volunteer ambulance service.

Section 31-292. - Liability of employer for worker lent to or employed by another.

Section 31-293. - Liability of third persons to employer and employee. Limitations on liability of architects and engineers. Limitations on liability of insurers, self-insurance service organizations and unions relating to safety matters.

Section 31-293a. - No right against fellow employee; exception.

Section 31-294. - Notice of injury and of claim for compensation.

Section 31-294a. - Eligibility for podiatric care.

Section 31-294b. - Report of injury to employer. Notice of claim form provided by commission.

Section 31-294c. - Notice of claim for compensation. Notice contesting liability. Exception for dependents of certain deceased employees.

Section 31-294d. - Medical and surgical aid. Hospital, ambulatory surgical center and nursing service.

Section 31-294e. - Employee's option to obtain medical care at employee's expense. Refusal of employee to accept or obtain reasonable medical care.

Section 31-294f. - Medical examination of injured employee. Medical reports.

Section 31-294g. - State employee notice of claim for compensation.

Section 31-294h. - Benefits for police officer suffering mental or emotional impairment arising from use of deadly force or subjection to deadly force in line of duty.

Section 31-294i. - Municipal firefighters and police officers. Employer presumption of liability for cardiac emergencies.

Section 31-294j. - Eligibility of municipal firefighters, police officers, constables and volunteer ambulance service members re benefits for diseases arising out of and in the course of employment.

Section 31-294k. - Benefits for post-traumatic stress injury. Eligibility.

Section 31-294l. - Firefighters claim due to cancer diagnosis. Record.

Section 31-295. - Waiting period. When compensation begins. Penalty for late payment of permanent partial disability benefits.

Section 31-296. - Voluntary agreements.

Section 31-296a. - Discontinuance or reduction of payments under oral agreements.

Section 31-297. - Hearing of claims.

Section 31-297a. - Informal hearings.

Section 31-298. - Conduct of hearings.

Section 31-298a. - Use of medical panel. Duties of commissioner and panel. Appeal. Regulations.

Section 31-299. - Prior statements of parties as evidence at hearings before administrative law judges.

Section 31-299a. - Payments under group medical policy not defense to claim for benefits. Health insurer's duty to pay. Lien.

Section 31-299b. - Initial liability of last employer. Reimbursement.

Section 31-300. - Award as judgment. Interest. Attorney's fee. Procedure on discontinuance or reduction.

Section 31-301. - Appeals to the Compensation Review Board. Payment of award during pendency of appeal.

Section 31-301a. - Decision of Compensation Review Board.

Section 31-301b. - Appeal of decision of Compensation Review Board.

Section 31-301c. - Costs of appeal. Interest added to award affirmed on appeal.

Section 31-301d. - Power of Compensation Review Board re witnesses and production of evidence. Enforcement of order.

Section 31-302. - Payment of compensation. Commutation into monthly, quarterly or lump sums.

Section 31-303. - Day when compensation payments become due. Penalty for late payments.

Section 31-304. - Destruction of agreement.

Section 31-305. - Medical examinations.

Section 31-306. - Death resulting from accident or occupational disease. Dependents. Compensation.

Section 31-306a. - Payments due children committed to the Commissioner of Social Services or the Commissioner of Children and Families.

Section 31-306b. - Written notice of potential eligibility for death benefits.

Section 31-307. - Compensation for total incapacity.

Section 31-307a. - Cost-of-living adjustment in compensation rates.

Section 31-307b. - Benefits after relapse from recovery. Recurrent injuries.

Section 31-307c. - Compensation under agreements or awards effected prior to October 1, 1953.

Section 31-308. - Compensation for partial incapacity.

Section 31-308a. - Additional benefits for partial permanent disability.

Section 31-308b. - Dependency allowance.

Section 31-309. - Maximum weekly compensation. Determination of average weekly earnings of state workers and production and related workers in manufacturing.

Section 31-310. - Determination of average weekly wage of injured worker. Concurrent employment. Payments from Second Injury Fund. Publication of wage tables.

Section 31-310a. - Average weekly wage of supernumerary policemen and volunteer police officers.

Section 31-310b. - Average weekly wage of General Assembly member.

Section 31-310c. - Average weekly wage of worker with an occupational disease.

Section 31-311. - Replacement of artificial aids.

Section 31-312. - Compensation for time lost during and expense of medical treatment. Reimbursement of wages lost due to appearance at informal hearing. Payments to prevailing claimants in contested cases. Medical attention outside regular work hours...

Section 31-313. - Transfer to suitable work during period of treatment or rehabilitation or because of physical incapacity. Civil penalty for failure of employer to comply.

Section 31-314. - Allowance for advance payments.

Section 31-315. - Modification of award or voluntary agreement.

Section 31-316. - Employer to record and report employees' injuries and report insurance coverage or welfare plan payments provided to employees. Increased award due to employer's failure to file.

Section 31-317. - Claims against the state.

Section 31-318. - Action for minor or mentally incompetent person.

Section 31-319. - Fees to be approved.

Section 31-320. - Exemption and preference of compensation.

Section 31-321. - Manner of serving notices.

Section 31-322. - Injuries received in interstate commerce.

Section 31-323. - Attachments to secure payment of compensation.

Section 31-324. - Reservation of cases for the Appellate Court.

Section 31-325. - Acknowledgment by employees having certain physical conditions.

Section 31-326. - Proceedings against delinquent insurance companies or employers.

Section 31-327. - Award of fees and expenses.

Section 31-328. - Mutual associations authorized.

Section 31-329. - Approval by Insurance Commissioner.

Section 31-330. - Membership.

Section 31-331. - Control of associations. Insurance Commissioner authorized to accept statement of financial condition by certain employers' mutual associations organized before June 6, 1996.

Section 31-332. - Policies. Number of members required.

Section 31-333. - Officers and voting.

Section 31-334. - Safety rules.

Section 31-335. - Premium rates. Reserve notes.

Section 31-336. - Assessments.

Section 31-337. - Investments.

Section 31-338. - Bylaws and regulations.

Section 31-339. - Appeals to Superior Court.

Section 31-340. - Insurer directly liable to employee or dependent.

Section 31-341. - Notice to insurer.

Section 31-342. - Award; enforcement.

Section 31-343. - Certain defenses not available against employee or dependent.

Section 31-344. - When representations avoid policy.

Section 31-344a. - Workers' Compensation Administration Fund established.

Section 31-345. - Insurance Commissioner to approve form of policy. Assessments against employers for administrative costs. Surpluses.

Section 31-345a. - Deductibles in workers' compensation coverage. Approval of Insurance Commissioner.

Section 31-346. - Damages for material misstatements.

Section 31-347. - Experience in compensation insurance.

Section 31-348. - Compensation insurance companies to report their risks.

Section 31-348a. - Compensation insurers to reduce premiums.

Section 31-349. - Compensation for second disability.

Section 31-349a. - Powers of investigators in the office of the State Treasurer.

Section 31-349b. - Certificate for permanent vocational disability. Employer reimbursed by Second Injury Fund for insurance premiums for certified employees.

Section 31-349c. - Controverted issues of previous disability. Physician panel established.

Section 31-349d. - Treasurer to solicit proposals for the managing of Second Injury Fund claims.

Section 31-349e. - Advisory board for the Second Injury Fund.

Section 31-349f. - Condition of the Second Injury Fund. Report to the Governor and General Assembly.

Section 31-349g. - Method of assessing all employers for liabilities of Second Injury Fund. Reporting. Audits. Insurance companies deemed collection agents.

Section 31-349h. - Transfer of claims. Claims not transferred.

Section 31-349i. - Cost-saving methodologies.

Section 31-349j. - Appeal of decision by State Treasurer concerning the method of assessing the employer for the liabilities of the Second Injury Fund.

Section 31-350 and 31-351. - Notice to commissioner of second injury. Hearings; awards.

Section 31-352. - Enforcement of liability of third person.

Section 31-353. - Voluntary agreements and stipulated settlements; approval.

Section 31-354. - Second Injury Fund contributions. Duties and powers of State Treasurer.

Section 31-354a. - Assistant administrators of the Second Injury Fund.

Section 31-354b. - Finance account within Second Injury Fund. Subaccounts. Duties of State Treasurer.

Section 31-355. - Hearings; awards. Payments from Second Injury Fund on employer's failure to comply with award. Civil action for reimbursement. Insolvent insurer. Settlements and agreements. Failure of uninsured employer to pay.

Section 31-355a. - Collection of moneys owed to the Second Injury Fund. Tax warrants. Lien. Foreclosure.

Section 31-355b. - Actions against entities failing to comply with Second Injury Fund reporting requirements.