Title 31, Title 31: Labor

Sec. 31-318. Action for minor or mentally incompetent person. When any employee affected by the provisions of this chapter or any person entitled to compensation thereunder is a minor or mentally incompetent, his parent or duly appointed guardian may, on his behalf, perform any a…

Sec. 31-319. Fees to be approved. Section 31-319 is repealed. (1949 Rev., S. 7457; 1958 Rev., S. 31-185; 1961, P.A. 491, S. 45; 1969, P.A. 556, S. 2; P.A. 88-357, S. 20; P.A. 89-371, S. 23; P.A. 91-32, S. 40, 41.)

Sec. 31-320. Exemption and preference of compensation. All sums due for compensation under the provisions of this chapter shall be exempt from attachment and execution and shall be nonassignable before and after award. The rights of compensation granted by this chapter, reckoned …

Sec. 31-321. Manner of serving notices. 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, administrative law judge or the…

Sec. 31-322. Injuries received in interstate commerce. Section 31-322 is repealed. (1949 Rev., S. 7460; 1958 Rev., S. 31-188; 1961, P.A. 491, S. 48; P.A. 91-32, S. 40, 41.)

Sec. 31-323. Attachments to secure payment of compensation. When any person presents in writing to the administrative law judge a claim for compensation, either for injury sustained by such person arising out of and in the course of his or her employment or for injury resulting i…

Sec. 31-324. Reservation of cases for the Appellate Court. When, in any case arising under the provisions of this chapter, the Compensation Review Board is of the opinion that the decision involves principles of law which are not free from reasonable doubt and which public intere…

Sec. 31-325. Acknowledgment by employees having certain physical conditions. Section 31-325 is repealed, effective June 29, 1995. (1949 Rev., S. 7465; 1949, S. 3051d; 1958 Rev., S. 31-192; 1961, P.A. 491, S. 51; 1967, P.A. 842, S. 19; 1971, P.A. 336; P.A. 79-376, S. 79; P.A. 91-3…

Sec. 31-326. Proceedings against delinquent insurance companies or employers. Whenever the 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 …

Sec. 31-327. Award of fees and expenses. (a) Whenever any fees or expenses are, under the provisions of this chapter, to be paid by the employer or insurer and not by the employee, the administrative law judge may make an award directly in favor of the person entitled to the fees…

Sec. 31-328. Mutual associations authorized. With the approval of the Insurance Commissioner, employers who are subject to this chapter and are bound to pay compensation to their employees thereunder may associate themselves, in accordance with the law for the formation of corpor…

Sec. 31-329. Approval by Insurance Commissioner. Before giving his approval, the Insurance Commissioner may require the incorporators of any such association to include in their proposed certificate of incorporation such lawful provisions for the regulation of the affairs of the …

Sec. 31-330. Membership. Membership in such associations shall be limited to employers as defined in this chapter, and each association shall have power, by appropriate bylaws, to provide for the admission, suspension, withdrawal or expulsion of members. (1949 Rev., S. 7470; 1958…

Sec. 31-331. Control of associations. Insurance Commissioner authorized to accept statement of financial condition by certain employers' mutual associations organized before June 6, 1996. Except as herein otherwise provided, such associations shall be subject to the same regulati…

Sec. 31-332. Policies. Number of members required. No policies shall be issued by any such association until members in such numbers and with such numbers of employees as the Insurance Commissioner may decide will give a fair diffusion of risks have obligated themselves to take p…

Sec. 31-333. Officers and voting. The affairs of all associations incorporated under this chapter shall be managed by such officers and directors as may be chosen in manner prescribed by the bylaws of the association; but each member shall be entitled to cast at least one ballot …

Sec. 31-334. Safety rules. Each association shall have power to prescribe and enforce reasonable rules for safety regulations on the premises of its members, and for that purpose its inspectors shall have free access to all such premises during regular working hours. (1949 Rev., …

Sec. 31-335. Premium rates. Reserve notes. Each association shall have power to determine the comparative premium rates for each occupation or risk insured by it and to prescribe rates of cash premiums sufficient to cover the current cost. Such premium rates shall prevail for the…

Sec. 31-336. Assessments. If an association is not possessed of funds sufficient for the payment of incurred losses and expenses, it shall make an assessment for the amount needed to pay such losses and expenses upon the members liable to assessment therefor, in proportion to the…

Sec. 31-337. Investments. The funds of each association shall be invested by the directors in the same classes of securities and in the same manner in which funds of domestic life insurance companies are by law required or permitted to be invested. (1949 Rev., S. 7477; 1958 Rev.,…

Sec. 31-338. Bylaws and regulations. Each association shall have power to determine the premiums, contingent liabilities, assessments, penalties and dividends of its members, and to enforce or administer the same without the limitations imposed upon corporations without capital s…

Sec. 31-339. Appeals to Superior Court. From any decision or order of the Insurance Commissioner affecting any association, such association shall have the right of appeal to the superior court for the judicial district of Hartford. (1949 Rev., S. 7479; 1958 Rev., S. 31-206; 1961…

Sec. 31-340. Insurer directly liable to employee or dependent. Whenever any employer of labor as defined in this chapter insures his liability under this chapter with any company authorized to transact a compensation insurance business in this state, the contract of insurance bet…

Sec. 31-341. Notice to insurer. When a claim for compensation by any such injured employee or the dependent of an injured employee of an employer who has insured his liability as aforesaid does not result in a voluntary agreement and a hearing before an administrative law judge i…

Sec. 31-342. Award; enforcement. In any such hearing, the administrative law judge having jurisdiction may make his award directly against such employer, insurer or both, except that, when there is doubt as to the respective liability of two or more insurers, he shall make his aw…

Sec. 31-343. Certain defenses not available against employee or dependent. As between any such injured employee or his dependent and the insurer, every such contract of insurance shall be conclusively presumed to cover the entire liability of the insured, and no question as to br…

Sec. 31-344. When representations avoid policy. No statement in an application for a policy of compensation insurance shall vitiate such policy as between the insurer and the insured, unless such statement is false and materially affects either the acceptance of the risk or the h…

Sec. 31-344a. Workers' Compensation Administration Fund established. There is established a fund to be known as the “Workers' Compensation Administration Fund”. The fund may contain any moneys required by law to be deposited in the fund and shall be held by the Treasurer separate…

Sec. 31-345. Insurance Commissioner to approve form of policy. Assessments against employers for administrative costs. Surpluses. (a) No insurer or employer to whom a certificate of solvency pursuant to subsection (b) of section 31-284 has been issued, shall issue any policy of i…

Sec. 31-345a. Deductibles in workers' compensation coverage. Approval of Insurance Commissioner. Each insurer issuing workers' compensation and employers' liability insurance may issue such coverage with deductibles in accordance with plans filed with and approved by the Insuranc…

Sec. 31-346. Damages for material misstatements. When any insured knowingly makes a material misstatement to any insurer to the damage of such insurer, such insurer may recover just damages resulting from such misstatement. (1949 Rev., S. 7486; 1958 Rev., S. 31-213; 1961, P.A. 49…

Sec. 31-347. Experience in compensation insurance. Each insurer which writes liability or compensation policies shall include in the annual statement required by law a schedule of its experience thereunder in such form as the Insurance Commissioner may prescribe. (1949 Rev., S. 7…

Sec. 31-348. Compensation insurance companies to report their risks. Every insurance company writing compensation insurance or its duly appointed agent shall report in writing or by other means to the chairperson of the Workers' Compensation Commission, in accordance with rules p…

Sec. 31-348a. Compensation insurers to reduce premiums. (a) On or before July 1, 1993, each insurer writing workers' compensation insurance in this state, either individually or through a rating organization licensed pursuant to section 38a-672 of which the insurer is a member or…

Sec. 31-349. Compensation for second disability. The fact that an employee has suffered a previous disability, shall not preclude him from compensation for a second injury, nor preclude compensation for death resulting from the second injury. If an employee having a previous disa…

Sec. 31-349a. Powers of investigators in the office of the State Treasurer. Any investigator in the investigations unit of the office of the State Treasurer, when investigating Second Injury Fund claims which may violate the requirements of this chapter and when investigating com…

Sec. 31-349b. Certificate for permanent vocational disability. Employer reimbursed by Second Injury Fund for insurance premiums for certified employees. (a) Any employee who has suffered a compensable injury under the provisions of this chapter, and who is receiving benefits for …

Sec. 31-349c. Controverted issues of previous disability. Physician panel established. (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 pre…

Sec. 31-349d. Treasurer to solicit proposals for the managing of Second Injury Fund claims. Notwithstanding the provisions of sections 4a-19 and 4a-20 to the contrary, the Treasurer may solicit proposals from any firm engaged in the business of workers' compensation medical case …

Sec. 31-349e. Advisory board for the Second Injury Fund. There shall be an advisory board for the Second Injury Fund to advise the custodian of the Second Injury Fund on matters concerning administration, operation, claim handling and finances of the fund. On or before July 1, 19…

Sec. 31-349f. Condition of the Second Injury Fund. Report to the Governor and General Assembly. On or before July 1, 1996, and annually thereafter, the Treasurer shall submit to the Governor and the General Assembly a report on the financial condition of the Second Injury Fund. S…

Sec. 31-349g. Method of assessing all employers for liabilities of Second Injury Fund. Reporting. Audits. Insurance companies deemed collection agents. (a) For purposes of this section: (1) “Insured employer” means an employer who insures its risks incurred under this chapter wit…

Sec. 31-349h. Transfer of claims. Claims not transferred. All transfers of claims to the Second Injury Fund with a date of injury prior to July 1, 1995, shall be effected no later than July 1, 1999. All claims not transferred to the Second Injury Fund, on or before July 1, 1999, …

Sec. 31-349i. Cost-saving methodologies. The custodian of the Second Injury Fund may implement cost-saving methodologies within the existing prescription drug program but shall not mandate the use of a mail order pharmacy by the claimant. (P.A. 96-242, S. 3, 10.) History: P.A. 96…

Sec. 31-349j. Appeal of decision by State Treasurer concerning the method of assessing the employer for the liabilities of the Second Injury Fund. Any employer or any private insurance carrier or interlocal risk management agency acting on behalf of an employer that is aggrieved …

Secs. 31-350 and 31-351. Notice to commissioner of second injury. Hearings; awards. Sections 31-350 and 31-351 are repealed. (1949 Rev., S. 7490, 7491; 1958 Rev., S. 31-217, 31-218; 1961, P.A. 491, S. 76, 77; 1967, P.A. 692, S. 3; P.A. 79-376, S. 50; P.A. 91-32, S. 40, 41.)