Connecticut General Statutes
Chapter 568 - Workers' Compensation Act
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.

(a) The 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 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 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 chairperson shall require, including, but not limited to:
(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 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 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 chairperson every two years thereafter for reapproval. The chairperson shall approve or disapprove such plans on the basis of standards established by the chairperson in consultation with a medical advisory panel appointed by the chairperson. Such standards shall include, but not be 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 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 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.
(1949 Rev., S. 7437; September, 1957, P.A. 11, S. 13; 1958 Rev., S. 31-143; 1961, P.A. 491, S. 5; 1967, P.A. 842, S. 2; 1969, P.A. 556, S. 3; P.A. 90-116, S. 1; P.A. 91-32, S. 4, 41; 91-339, S. 5, 55; P.A. 93-228, S. 3, 35; P.A. 95-240; P.A. 01-85, S. 1, 3; P.A. 21-18, S. 1; P.A. 22-89, S. 8.)
History: 1961 act entirely replaced previous provisions; 1967 act added provisions re commissioners' duties to maintain approved list of practicing physicians, surgeons and dentists, etc.; 1969 act added podiatrists to approved list; P.A. 90-116 added provision concerning regulations creating a uniform system for determination of the degree of physical impairment; P.A. 91-32 added provisions re notice of availability of compensation and made technical changes; P.A. 91-339 deleted provisions re adoption of rules by the commissioners, designated provisions re notice of availability of compensation as Subsec. (a) and authorized the chairman to adopt regulations governing, deleted provisions re list of physicians, surgeons, podiatrists and dentists, designated provisions re uniform system for determination of degree of physical impairment as Subsec. (b) and authorized the chairman to adopt regulations governing, deleted provisions re annual report of commissioner to the governor and added Subsecs. (c) to (e), inclusive, re employer-sponsored plans for medical care and treatment; P.A. 93-228 amended Subsec. (c) to delete requirement that employer-sponsored plans for medical care and treatment by employers with fifty or more employees include designation of labor-management safety committee and to prohibit employees from receiving compensation for treatment outside such plans, deleting provisions which had specified conditions permitting care and treatment by outside providers and deleted Subsec. (e) re compensation for treatment by practitioners not listed in employer-sponsored plans, effective July 1, 1993; P.A. 95-240 added Subsec. (e) re indemnification of members of the medical advisory panel; P.A. 01-85 amended Subsec. (c) by dividing existing provisions into Subdivs. (1)(A) and (1)(C) to (E) and Subdiv. (2), adding Subdiv. (1)(B) re direct payments to pharmacies and making technical changes, effective January 1, 2002; pursuant to P.A. 21-18, “commissioner” was changed editorially by the Revisors to “administrative law judge” in Subsec. (c)(2), effective October 1, 2021; P.A. 22-89 made technical changes, effective May 24, 2022.
Cited. 219 C. 439.
Cited. 29 CA 249.

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.