(a) Any employee who has suffered a compensable injury under the provisions of this chapter, and who is receiving benefits for such injury from the Second Injury Fund pursuant to the provisions of section 31-349, may file a written request with the administrative law judge in the district where the original claim was filed for a hearing to determine whether the employee's injury constitutes a permanent vocational disability. The hearing shall be held within sixty days of the date the request was filed. Upon the request of the administrative law judge and prior to the conclusion of such hearing, the Commissioner of Aging and Disability Services shall, after receiving such information on the case which the administrative law judge deems necessary, submit written recommendations concerning the case to the administrative law judge for his consideration. The administrative law judge shall issue his decision, in writing, within ten days after the conclusion of the hearing. If the administrative law judge determines that the employee's injury is a permanent vocational disability, the employee shall be issued a certificate of disability by the administrative law judge. Such certificate shall be effective for a stated period of time of from one to five years, as determined by the administrative law judge. The decision of the administrative law judge may be appealed in accordance with the provisions of section 31-301.
(b) (1) Whenever any individual who has been issued a certificate of disability, pursuant to the provisions of subsection (a) of this section, is thereafter employed, the employer, upon written application and presentation of sufficient proof to the State Treasurer, shall be reimbursed from the Second Injury Fund for any workers' compensation insurance premiums paid by the employer which are attributable to such individual's employment during the effective period of such certificate. (2) Whenever any such certified individual is hired by an employer to whom a certificate of self-insurance has been issued pursuant to section 31-284, the employer, upon written application and presentation of sufficient proof to the State Treasurer, shall be reimbursed from the Second Injury Fund at the rate of two per cent of the gross wages paid to the individual for work performed during the effective period of his certificate. No employer may make more than one such application related to a certified employee within a twelve-month period.
(c) Upon the expiration of any certificate of disability or of an extension of such certificate, the person to whom such certificate was issued may file a written request with the administrative law judge for an extension of the effective period of such certificate. The determination as to whether such an extension should be granted shall be made by the administrative law judge in accordance with the provisions of subsection (a) of this section, provided such extension shall be effective for a stated period of time of from one to five years.
(P.A. 86-33; P.A. 91-207, S. 7, 9; P.A. 95-277, S. 10, 19; P.A. 11-44, S. 50; June 12 Sp. Sess. P.A. 12-1, S. 88; P.A. 19-157, S. 87; P.A. 21-18, S. 1.)
History: P.A. 91-207 made technical changes re name of fund; P.A. 95-277 in Subsec. (a) eliminated the reference to “section 31-325”, effective July 1, 1995; P.A. 11-44 amended Subsec. (a) to replace “Division of Workers' Rehabilitation within the Workers' Compensation Commission” with “Bureau of Rehabilitative Services”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (a) by replacing “director of the Bureau of Rehabilitative Services” with “Commissioner of Rehabilitation Services”, effective July 1, 2012; P.A. 19-157 amended Subsec. (a) by replacing “Commissioner of Rehabilitation Services” with “Commissioner of Aging and Disability Services”; pursuant to P.A. 21-18, “commissioner” was changed editorially by the Revisors to “administrative law judge” in Subsecs. (a) and (c), effective October 1, 2021.
Structure Connecticut General Statutes
Chapter 568 - Workers' Compensation Act
Section 31-275. - Definitions.
Section 31-275c. - Officers of fraternal organizations.
Section 31-277. - Salary of administrative law judges. Longevity payments.
Section 31-278. - Powers and duties of administrative law judges.
Section 31-279a. - Booklet to be distributed explaining act.
Section 31-279b. - Notice of availability of coverage under act. Content. Posting.
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 31-283d. - Adjustment of salary of certain retired administrative law judges.
Section 31-283e. - Election of retirement benefits.
Section 31-283f. - Statistical Division.
Section 31-283h. - Financing of Division of Worker Education.
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 31-287. - Provisions required in liability insurance policies.
Section 31-289. - Disposition of fines and penalties.
Section 31-289a. - Civil action to recover civil penalties. Privileged assignment for trial.
Section 31-290. - Obligations not to be evaded.
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 31-292. - Liability of employer for worker lent to or employed by another.
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 31-294f. - Medical examination of injured employee. Medical reports.
Section 31-294g. - State employee notice of claim for compensation.
Section 31-294k. - Benefits for post-traumatic stress injury. Eligibility.
Section 31-294l. - Firefighters claim due to cancer diagnosis. Record.
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 31-299b. - Initial liability of last employer. Reimbursement.
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 31-302. - 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 31-306b. - 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 31-310a. - 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 31-314. - Allowance for advance payments.
Section 31-315. - Modification of award or voluntary agreement.
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 31-332. - 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 31-346. - 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 31-349c. - 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 31-349h. - Transfer of claims. Claims not transferred.
Section 31-349i. - Cost-saving methodologies.
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.