Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2010 Download PDF
Topics covered include:
* What are the Penalties for
Employee Misclassification?
* New Payor and Medical Provider Guidelines
* Statute of Limitations for Repetitive Trauma Claims
* When Can a
Voluntary Agreement be Reopened?
* Reasonable and Necessary Medical Treatment
* Is Notice of Cancellation of a Workers' Compensation Insurance Policy Required?
* Is the United States Postal Service an Employer Under the Connecticut Workers'
Compensation Act?
* Exclusivity Provision of the Workers' Compensation Act
* Causation
* Exclusivity Provision of the Workers' Compensation
Act
* Is CIGA Always Required to Reimburse the Health Insurer for its Lien?
* Does a Municipality Have to Provide Health Insurance to an Employee Receiving Workers'
Compensation Benefits?
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Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2010 Download PDF
Topics covered include:
* Who is Liable When a Firefighter is Injured After Being
Directed by his Employer to Temporarily Assist Another Municipality?
* Causation
* The Exclusivity Defense Found in CGS §31-284(a) Can Apply to More Than One Party
* When Does the Medical Care Exception to the Failure to File a Notice of Claim
Apply?
* When Does CGS
§31-349 Require the Employer to Pay for All of the Permanent Partial Disability Rating?
* Calculating the Average Weekly Wage Based on the Date of Incapacity
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Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2009 Download PDF
Topics covered include:
* When is a
Commissioner's Finding Clearly Erroneous?
* When can Asbestos Exposure not be a Substantial Contributing Factor Leading to the Worker's Death?
* Workers' Compensation Lien Reimbursement
* An Employee's Serious and Willful Misconduct can Preclude the Entitlement to
Benefits
* What is Proper Notice and What is the Result of not Contesting the Notice?
* Can a Trial Commissioner Order the Deposition of an
Adjuster?
* A Physician's Conclusion Regarding
Causation can be Discarded by the Trial Commissioner When it is Based on an Unreliable History From the Claimant
* What is the Earliest Date a Form 36 can be Approved?
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Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2009 Download PDF
Topics covered include:
* What is an Occupational Disease?
* When is a Party Considered an Employer
So That It Cannot Be Sued By an Injured Worker?
* Is an Employer Strictly Liable for an
Employee's Injury When it is Allowed to be Sued in Superior Court Because it did not have Workers' Compensation Insurance?
* Is Hatt Applicable When the Last Injury is Self-Limiting?
* When Does the Entitlement
to Permanent Partial Disability Benefits Vest?
* Can an Illegal Alien Receive Workers' Compensation Benefits?
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Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2009 Download PDF
Topics covered include:
* Amendment to the Final Judgment Rule
* The Affect of Preclusion for Failing to File a Timely
Denial of a Claim
* Timeliness of Appeals
* When is a Decision by Another State Agency Not Binding?
* Can the Plaintiff and Defendant Settle a Third-Party Case Without Including
the Intervening Plaintiff?
* Penalties for Non-payment
* When Does the Entitlement to PPD Benefits Commence?
* Does a Respondent Have an Automatic Right to
an IME?
* When is CIGA Responsible to Pay Benefits?
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Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2009 Download PDF
Topics covered include:
* When is Compensability Precluded by CGS
§31-275(16)(B)(i)?
* The Election of Remedy Pursuant to CGS §31-290a is Binding
* When is a Psychological Claim Not Compensable?
* Course of Employment - The Coming and Going
Rule
* If Prescribed Medications Cause the Claimant's Death, is the Widow Entitled to CGS §31-306 Benefits?
* Reimbursement Pursuant to CGS
§31-312
* Medicare Set-Aside Changes for Prescription Drugs
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Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2008 Download PDF
Topics covered include:
* Connecticut General Statutes §31-310 Benefits are not Allowed for Concurrent Federal
Employment
* The
Standard for Proving the Compensability of a Heart Attack
* When is the Claimant not in the Course of his Employment?
* Apportionment Against the Second Injury Fund is not Allowed
* When may a Stipulation be Reopened Pursuant to
Connecticut General Statutes §31-315?
* Connecticut General Statutes §31-291 - Principal Employer
* Are the Respondents Only Entitled to Reimbursement of
the Lien They Allege in Their Original Lien Letter?
* Change in Mileage Reimbursement Rate
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Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2008 Download PDF
Topics covered include:
* Apportionment of Permanent Partial Disability in Occupational
Disease Claims
* Is There Collateral Estoppel from a Longshore Decision?
* When is
Depression Compensable?
* When is an Injury Not Compensable?
* When is a 30-day Notice Sufficient?
* When is Concurrent Employment
Reimbursement from the Second Injury Fund Not Allowed?
* When are Diagnostic Tests Compensable?
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Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2008 Download PDF
Topics covered include:
* The Workers' Compensation Commission Must Provide a Form 30C to all Employees who File First Reports of
Injury
* Benefits for
Cardiac Emergencies
* Misclassification of Workers
* Can a Self-Insured Employer Apportion Liability Against CIGA?
* Motion to Reopen is Appropriate at any Time When There
is no Original Jurisdiction
* The Entitlement to Connecticut General Statutes §31-308a Benefits
* Chiropractic Treatment After MMI may not be
Appropriate
* When is a Personal Care Assistant not an Employee?
* When is Notice of a Lawsuit not Sufficient to Commence the 30-day Period During Which the
Employer Must Move to Intervene?
* Statute of Limitations
* The Heart and Hypertension Act and the Start of the Statute of
Limitations Period
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Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2008 Download PDF
Topics covered include:
* What are the Respondents' Rights if a Claim is not Denied in a Timely Manner?
* When is a Volunteer Fire Fighter in the Course of His Fire Duties Entitled to Workers' Compensation
Benefits?
* Are the Dependents of a Municipal Employee Entitled to Ongoing
Health Insurance Benefits?
* When is a
Subsequent Injury not Related to the Original Workers' Compensation Injury?
* Can a Claimant Assign His Rights to a Structured Settlement?
* When Do CGS §31-293a
Reimbursement Rights Extend Beyond the Original Work Injury?
* When is a Form 30C Sufficient Despite Procedural Errors?
* Standard for Approving New Medical Treatment
* Office of the Attorney
General
* Change in Mileage Reimbursement Rate
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Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2007 Download PDF
Topics covered include:
* Can a PPD Rating Be Apportioned Between a Work-Related Occupational Disease and a
Condition Unrelated to Employment?
* A CGS §31-290a Claim Cannot Be
Filed with Both the Workers' Compensation Commission and in the Superior Court
* Timeliness of an Appeal
* The Consequences When the Claimant Fails to Submit to a Respondent's Examination
* When Does a Lunchtime Activity Not Arise Out of and in the Course of
Employment?
* When is a Second Job Not Concurrent Employment?
* Expenses for the Cost of a Vocational Expert Cannot Be Transferred to the Respondent After the
Claimant Succeeds at a Formal Hearing
* Is CIGA Responsible to Honor
an Agreement Made by a Now Bankrupt Insurer With Another Insurer?
* When is Notice of a Claim For Widow Benefits Sufficient?
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Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2007 Download PDF
Topics covered include:
* Who is Liable to Pay for CGS §31-308a Benefits When the Employee Suffers Multiple Injuries to the Same Body
Part
* When Does Concurrent Jurisdiction Exist for Both a Federal Longshore and Harbor Workers' Compensation
Claim and a Connecticut Workers' Compensation Claim
* When Can a Workers' Compensation Case be Appealed
* Timeliness of the Notice
of Claim
* Pursuant to CGS §31-291, it is Possible to Have Multiple Principal Employers
* When is CGS §31-293 Notice Not Sufficient
* When is a Claimant Not Entitled to CGS §31-308a
Benefits
* Is a Claimant
Injured in Route to a Workers' Compensation Medical Appointment Entitled to Benefits for the New Injury
* Connecticut Mandates Production of Surveillance Video to be Used at Trial
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Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2007 Download PDF
Topics covered include:
* Form
36
* Penalties for Undue Delay
* When can a Workers' Compensation Case be Appealed?
* Connecticut General
Statutes § 31-293 Reimbursement Rights
* Timeliness of a Motion to Intervene by an Employee
* Permanent Partial Disability Benefits
* Connecticut General Statutes §31-312
Benefits and the Need for a Form 43
* Offset of Benefits Not Allowed
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Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2007 Download PDF
Topics covered include:
* Chairman's Memorandum Update
* When are Benefits Owed to a Volunteer
Firefighter?
* When is Evidence Insufficient to Prove That the Claimant's Death Resulted From a Work Injury?
* Application of the Social Security Set-off [CGS §31-307(e)] for Injuries Before
May 30, 2006
* When is a Marshal Performing Special Hazard Duty?
* Right to Reimbursement of the Workers'
Compensation Lien
* Calculation of COLAs in Death Claims
* Can Self-Insured Employers Obtain
Apportionment Reimbursement from the Guaranty Fund for Bankrupt Insurers?
* Notice of a CGS §31-306 Claim Should be Sent to the Employer and Not the Insurer
* Subject Matter Jurisdiction and Complying
With a Stipulation Agreement
* When May a Moratorium Be Reduced?
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Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2006 Download PDF
Topics covered include:
* When Does the Statute of Limitations for Occupational Disease Claims
Commence?
* Proof of
Compensability Does Not Establish a Loss of Earning Capacity.
* An Independent Insurance Adjuster Can be Liable to the Insurer for the Negligent Handling of a Claim.
* Reimbursement Rights are Controlled by the State Where the Claimant
Received Workers' Compensation Benefits.
* The
Requirement to Deny a Claim Remains the Same When the Employer is Also the Employee.
* When is Part-Time Worker Not an Employee Pursuant to the Workers' Compensation Act?
* Is the Trial Commissioner
Required to Accept the Conclusion of the Commissioner's Examiner?
* Statute of Limitations for Repetitive Trauma Claims.
* The Right or Need for Medical Treatment may be
Challenged Even When the Employer is Precluded from Contesting Compensability.
* When is There Concurrent Employment?
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Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2006 Download PDF
Topics covered include:
* When do Worker's Injuries Arise From Employment and
not Other Factors?
* When is Care Provided by a Claimant's Family Considered Medical Care That is Reimbursable?
* When may an Employee Sue a
Co-Employee?
* When Does an Applicant Become an Employee?
* When is the Claimant Required to Undergo a Specific Medical Treatment?
* When is Travel not Part of the Claimant's
Employment?
* A Psychiatric Condition can Cause a Compensable Physical Injury.
* An Employee Must Reimburse the Employer for Sick Time After Workers' Compensation
Benefits are Awarded for the Same Period.
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Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2006 Download PDF
Topics covered include:
* Elimination of the Social Security Offset - Connecticut General Statutes § 31-307(e)
* Is a Stress Related Heart Attack a Compensable Injury?
* When is Participation in an Athletic Program not Part of a Fireman's Required Training Program?
* Subrogation Rights When the Third-Party's Insurer is Insolvent.
* What is Egregious Conduct That Allows a Direct Lawsuit against the Workers' Compensation Insurer?
* Liability for Connecticut General Statutes § 31-308a Benefits When the Claimant Suffers Multiple Injuries.
* Can Permanent Partial Disability Partly the Result of Smoking be Apportioned?
* Does the Social Security Offset Apply if the Claimant Chooses not to Request Early Old Age Social Security Benefits?
* Timely Notice of a Death Claim
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Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2006 Download PDF
Topics covered include:
* Does the Trial Commissioner Have the Power to Conclude That a Physician is not Authorized to Treat a Claimant?
* Can the Insurer be Sued in Superior Court for Mishandling a Workers' Compensation File?
* When is Notice Established without Filing a Form 30C?
* How to Calculate the Compensation Rate When the Claimant was Performing Light Duty When He Suffered a New Work Injury.
* When is the Contest of a Workers' Compensation Claim Unreasonable?
* When is a Form 43 Sufficient?
* Timely Filing of a Death Claim.
* In Heart and Hypertension Claims, the Second Injury Fund is not Liable for Concurrent Employment Reimbursement.
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Category: WORKERS' COMPENSATION
Issue: 4rd Quarter 2005 Download PDF
Topics covered include:
* When Should a Trial Commissioner's Finding be Affirmed?
* When Can an Injured Employee Sue His Co-Worker?
* When is a 30-day Notice Letter Sufficient Despite a Minor Error?
* When Should a Form 36 and Form 43 be Filed?
* When is a Fireman Within the Course of His Employment?
* Workers' Compensation Medicare Set-aside Changes
* Change in Mileage Reimbursement Rate
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Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2005 Download PDF
Topics covered include:
* Are Home Health Care Workers in the Course of Employment While Traveling?
* When Should a Trial Commissioners' Finding not be Overturned?
* A Claimant Must Submit to a Respondent's Vocational Rehabilitation Examination.
* A Constable is not a Police Officer Under the Heart and Hypertension Act.
* When is a Formal Hearing Ruling by a Commissioner not a Final Judgment That Would Allow an Appeal?
* A Self-Insured Employer Cannot be Sued for the Bad Faith Handling of a Workers' Compensation Claim.
* Managed Care Plans - Can They be Challenged?
* Does a Physical Injury Have to be Significant to Allow a Related Mental Injury Claim?
* Mental Stressors May Cause a Specific Compensable Physical Injury.
* Can a Police Officer be in the Course of His Employment While on a Break at Home?
* When is Notice not Timely?
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Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2005 Download PDF
Topics covered include:
* In the Recent Legislative Session, Several Pieces of Legislation were Enacted.
* A Cause of Action in Superior Court against an Insurer for Bad Faith in Processing a Workers' Compensation Claim is Barred by the Workers' Compensation Act.
* An Injury Suffered at a Charity Event did not Occur Within the Course of the Claimant's Employment and is not Compensable.
* When Can a Worker Sue His Co-Employee for the Negligent Operation of a Motor Vehicle?
* The Law of the State Where the Workers' Compensation Claim was Filed Controls the Law Used for Obtaining Reimbursement of a Workers' Compensation Lien.
* A Vocational Expert is not Always Needed to Prove a Claimant is Permanently Totally Disabled.
* If the Claimant has the Same Employer, but a New Insurer, a New Form 30c May Not be Needed for the Same Repetitive Trauma Claim.
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Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2005 Download PDF
Topics covered include:
* Can a Finding be Appealed if the Case is Found to be Compensable but no Benefits are Awarded?
* Administrative Remedies Must be Exhausted Before Filing an Appeal.
* When Can a Co-Employee be Sued as a Result of the Operation of a Motor Vehicle?
* Timeliness of Intervention.
* When are Lawsuits Against the Insurer Premature?
* Second Injury Fund Liability for Apportionment Reimbursement When the Employer did not Have Insurance.
* Calculation of the Compensation Rate and the Appropriate Filing Status.
* Reimbursements Owed by the Claimant or His Attorney for Attorney's Fees Received When a Finding is Reversed.
* When is an Injury not in the Course of the Claimant's Employment?
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Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2004 Download PDF
Topics covered include:
* On Remand A Trial Commissioner May Not Deviate from the Order of Articulation.
* When A Third-Party Defendant's Insurance Liability Has Been Assumed by CIGA, the Workers' Compensation Insurer/Employer Retains Its Right to Reimbursement of Its Lien Pursuant to Connecticut General Statutes .31-293.
* What Is Timely Notice for A Death Claim?
* What Qualifies As Medical Treatment Paid from the Employer Within One Year of the Date of Injury if the Claimant Does Not File A Timely Form 30c?
* When Is An Injury At Work Not Compensable?
* The Participation in A Voluntary Activity Related to Work May Not be Compensable.
* Benefits Must be Paid to the Claimant While the Respondent Appeals the Trial Commissioner's Finding.
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Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2004 Download PDF
Topics covered include:
* Who Can Deny the Claimant Treatment Under a Medical Care
Plan?
* When
is the Social Security Retirement Set-off Applicable?
* When Does the Workers' Compensation Commission Have Jurisdiction Over a Psychiatric
Claim?
* When Does the Receipt of Retirement Benefits not Reduce the Entitlement to Connecticut General Statutes
§31-308a Benefits?
* When is an Injury Sustained While Traveling on a Public Highway a Compensable
Injury?
* If an Injury does not arise from an
Occupational Disease, Accidental Injury or Repetitive Trauma, the Workers' Compensation Commission does not Have
Jurisdiction over the Claim.
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Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2004 Download PDF
Topics covered include:
* The Claimant was not in the Course of Her Employment When She Left Her Work Premises During a Food Break
* When Will the Failure to File a Form 30c Still Result in the Timely Notice of a Claim?
* When is a Heart Attack Claim Compensable?
* When is Direct Communication Allowed with a Claimant who is represented by Counsel?
* Surveillance-what are the Limits?
* Are There Limits to the Amount of Reimbursement Pursuant to Connecticut General Statutes §31-293
* When is the Employer Prohibited from Bringing a Direct Action in Superior Court?
* The Second Injury Fund is not Responsible for the Reimbursement of COLA Payments for Connecticut General Statutes §7-433c Death Benefits
* The Calculation of Connecticut General Statutes §31-308a Benefits
* An Employer Does Not Have a Right to Intervene in a Legal Malpractice Lawsuit Pursuant to Connecticut General Statutes §31-293
* HIV is an Occupational Disease for Certain State Correctional Employees
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Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2004 Download PDF
Topics covered include:
* When is a Form 43 Legally Sufficient?
* What is Timely Notice of a Heart and Hypertension Claim?
* When Has a Claimant Removed Himself from the Workforce So He is not Entitled to Connecticut General Statutes §31-308a Benefits?
* When is a Municipal Employee Entitled to Connecticut General Statutes §31-284b Health Insurance Benefits?
* When Can a Trial Commissioner's Formal Hearing Decision be overturned?
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Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2003 Download PDF
Topics covered include:
* What is a Principal Employer Pursuant to Connecticut General Statutes §31-291?
* When is a Claimant not within the Course of His Employment?
* Can a Commissioner within His Discretion Conclude that Job Searches or Looking for Light-Duty Work in a Specific Case are not necessary?
* When is a Form 43 Sufficient to Deny a Claim?
* What is Sufficient Notice Pursuant to Connecticut General Statutes §31-293?
* When is a Respondent not obligated to file a Form 36 to Discontinue Benefits?
* What is an Occupational Disease?
* Does a Claimant Need Absolute Proof of the Time and Place of an Injury?
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Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2003 Download PDF
Topics covered include:
* Liability for Permanent Partial Disability May be Different in a Repetitive Trauma Case Than in an Occupational Disease Case
* When is Out-of-State Medical Treatment Allowed?
* When is a 30-Day Notice Pursuant to Connecticut General Statutes §31-293 Legally Sufficient?
* Can the Employee of an Independent Contractor Sue a General Contractor?
* If Scarring is not allowed by Statute in a Workers' Compensation Claim, can an Employee File a Negligence Lawsuit against the Employer in Superior Court?
* The Social Security Offset is not Retroactive to Injuries Occurring Prior to July 1, 1993
* When is a Worker Considered 'Regularly Employed' and Entitled to Benefits Pursuant to Connecticut General Statutes §31-275(9)(B)(iv)?
* A Claim for Connecticut General Statutes §31-306 Dependent Benefits Must Be Filed Separately from the Underlying Workers' Compensation Claim
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Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2003 Download PDF
Topics covered include:
* Cost-of-Living Adjustments (COLAs)
* When is a Claimant Injured in the Course of Her Employment?
* The Appropriate Standard for Establishing a Permanent Partial Disability Rating
* A Claim for Unreasonable Contest in the Superior Court Not Allowed against the Self-Insured Employer
* An Employer Cannot Intervene Pursuant to Connecticut General Statutes §31-293 in an Employee's Legal Malpractice Action
* When Can an Employee Directly Sue an Employer in Superior Court?
* When Should an Approved Stipulation Not Be Reopened?
* Calculation of the Social Security Setoff Pursuant to Connecticut General Statutes §31-307 and the Continuation of Temporary Partial Disability Benefits Until the Claimant Reaches Maximum Medical Improvement for Injuries that Occurred on the Same Date
* Can Two Injuries Occurring on Different Dates be apportioned?
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Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2003 Download PDF
Topics covered include:
* When Does the Second Injury Fund not have to reimburse the Employer for COLAs?
* How Should Connecticut General Statutes §31-308a Benefits be Calculated When the Claimant Also Receives a Disability Retirement Pension?
* When is a Claimant not in the Course of Her Employment?
* An Employer's Right to Reimbursement Pursuant to Connecticut General Statutes §31-293 is not Reduced by an Employee's Comparative Negligence
* The 30-day Period to Intervene Found in Connecticut General Statutes §31-293 Does not Start if the 30-day Notice Letter is Defective
* The Second Injury Fund is Obligated to Reimburse COLAs in Some Circumstances
* Can the Employee of an Independent Contractor Sue a General Contractor?
* Permanent Partial Disability for the Upper Extremity
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Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2002 Download PDF
Topics covered include:
* Compensability and the Relevance of the Claimant's Knowledge of the Precise Moment of Injury
* Statute of Limitation for Heart Claims
* What is the Appropriate Method of Calculation of Benefits for Retired Employees with Pensions?
* Second Injury Fund Notice
* Is a Claimant Living Outside of Connecticut Entitled to Connecticut General Statutes §31-308a benefits?
* Jurisdiction - When can an Employee File a Workers' Compensation Claim in Connecticut?
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Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2002 Download PDF
Topics covered include:
* Continuance of Health Insurance for Municipal or State Employees Only Applicable if the Claimant is Receiving Indemnity Benefits
* How is the Apportionment of a Repetitive Trauma Claim Calculated When one of the Apportioned Insurers is Bankrupt?
* State Lien on a Workers' Compensation Claim
* Bad Faith against an Insurance Company
* Whether an 'Accident' versus Willful Conduct, Creates a Compensable Workers' Compensation Injury?
* Temporary Total Disability Benefits Cannot be discontinued because a Claimant is incarcerated
* A New Form 30c and Form 43 Are Needed to Request and Disclaim Death Benefits Pursuant to Connecticut General Statutes §31-306
* A Widow Must be married to the Decedent Claimant at the Time of the Original Injury to be considered a Presumptive Dependent
* A Party Cannot by its Silence Waive the 120-Date Rule for Issuing a Finding
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Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2002 Download PDF
Topics covered include:
* Calculation of Light Duty Benefits
* The Respondent Can Stop Benefits Within One Year of the Date of Injury Without Filing a Form 36, if They Have Filed a Timely Form 43
* A Trial Commissioner Does Not Have to Accept the Findings of the Commissioner's Examiner or Accept One Physician's Entire Conclusion
* When Does the 'Substantial Certainty' Test Allow for a Direct Lawsuit against an Employer?'
* Late Payment of Attorneys' Fees are not Subject to CGS §31-303 Penalties
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Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2002 Download PDF
Topics covered include:
* The Social Security Old Age Retirement Offset Does not apply to Injuries Prior to July 1, 1993
* If a Claimant Dies is His Estate Entitled to His Unmatured Permanency Benefits?
* When is an Employee Sufficiently Intoxicated to be precluded from Receiving Workers' Compensation Benefits?
* Can an Employee be In the Course of Her Employment When She is at Home and Does Not Have a Home Office?
* Can Multiple Chemical Sensitivity Syndrome be considered a Viable Diagnosis?
* What Qualifies as a Physical Injury Pursuant to Connecticut General Statutes §31-275(16)(B)(ii) That Will Allow Related Psychiatric Treatment?
* An Employee is under no Obligation to Provide Notice to an Employer's Workers' Compensation Counsel of a Lawsuit against a Third Party
* The Right to Reimbursement of Settlement Proceeds Pursuant to Connecticut General Statutes §31-293
* What is the Proper Compensation Rate Calculation When the Claimant Does Not Contribute to FICA?
* Timely Notice in a Heart and Hypertension Claim
* Is a Respondent Liable for the Pre-existing Portion of a Compensable Disease?
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Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2001 Download PDF
Topics covered include:
* COLA's and Reimbursement from the Second Injury Fund
* When can a Stipulation be Opened Pursuant to Connecticut General Statutes §31-315?
* Voluntarily Moving Out of Connecticut Eliminates the Availability of Connecticut General Statutes §31-308a Benefits
* Limitations Regarding Apportionment
* Intervention to Obtain Reimbursement of a Workers' Compensation Lien
* When is a Prison Guard Entitled to His Full Salary Benefits for Being Hurt While Performing a 'Special Hazard' Duty?
* A Claim for Temporary Total Disability Benefits Must be supported by Ongoing Medical Records
* Wrongful Discharge
* When Does a Commissioner Have the Right to Reopen an Approved Stipulation?
* Compensability is not a Subject Matter Jurisdiction , and it cannot be raised if the Claim is not Properly Contested
* Notice Sent by Certified Mail before the Due Date is Timely Even if received after the Due Date
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Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2001 Download PDF
Topics covered include:
* Can Treatment Outside of a Preferred Provider Organization be allowed?
* Can a Claimant Receive Temporary Total Disability Benefits While Incarcerated?
* Does Giving the Respondent Notice of Filling a Third-Party Action in Superior Court Serve as Timely Notice of a Workers' Compensation Claim?
* The Employer has no Right to Reimbursement of the Workers' Compensation Lien for its own Willful Misconduct
* Second Injury Fund Transfer Claims and the Constitutionality of the Constitutionality of the Medical Review Panel for Injuries Prior to July 1, 1995
* When Can a Fireman Sue the Municipality?
* Respondent's Right to an IME
* The Connecticut Insurance Guaranty Association (CIGA) is Liable for Its Share of the Apportionment of a Specific Trauma Injury as Opposed to a Repetitive Trauma Injury
* Is the Respondent Liable for the Pre-existing Portion of a Compensable Disease?
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Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2001 Download PDF
Topics covered include:
* When is the Employer Entitled a Moratorium Against Future Benefits?
* What is a Home Workplace?
* When Can a Commissioner Penalize the Respondent Pursuant to Connecticut General Statutes §31-300?
* When is a Claimant Permanently Totally Disabled?
* Does the Faxing of a Complaint Satisfy the 30-day Notice Requirement of Connecticut General Statutes §31-293?
* Can an Employee sue the Sole Proprietor of a Business for Negligence When he is Already Receiving Workers' Compensation Benefits as a Result of the Same Accident?
* Can a Worker be an Employee of Both a Temporary Agency and the Customer Company to which he is assigned?
* Cost of Living Adjustments for Survivor Benefits
* Can a Ruling on Causation in a Longshore Case be used to Estop the Employer From Litigating Causation in the Workers' Compensation Forum?
* Jurisdiction and Timely Notice
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Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2001 Download PDF
Topics covered include:
* A Police Officer Does Automatically Receive Workers' Compensation Benefits as a Result of a Motor Vehicle Accident, if the Commissioner Believes the Police Office Intentionally Caused the Accident
* Limitations to the Right to Reimbursement
* Can an Employer Directly Sue a Third-Party Tortfeasor Even after Receiving Some Reimbursement of its Workers' Compensation Lien?
* If an Uninsured Employer is Sued by the Employee as Allowed by C.G.S. §31-284(b), the Employer Must be Negligent to be Liable for Damages
* When is Expert Medical Evidence Necessary to Prove the Compensability of an Injury?
* A Police Officer Accidentally Shot by a Fellow Office Cannot Sue His Employer
* Claimant's Entitlement to Out-of-State Medical Treatment
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Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2000 Download PDF
Topics covered include:
* Wage Tables are Not Always the Appropriate Method to Calculate a Claimant's Compensation Rate
* Does a New Form 30c Need to be Filed for Connecticut General Statutes §31-306 Benefits When the Underlying Claim has already been Accepted as Compensable?
* Can a Workers' Compensation Commissioner Determine if an Insurance Policy Was Cancelled Due to Unpaid Premiums Prior to a Claimant's Injury?
* An Employee May sue the Workers' Compensation Insurer for Bad Faith Mishandling of a Claim
* A Security Officer for a State Military Department is Not a Police Officer. Therefore, His Travel Time to and from Work Does Not Occur within the Course of His Employment
* Anxiety Caused by the Pendency of a Claim is Not Compensable
* An Employer/Insurer's Moratorium against Paying Future Workers' Compensation Benefits Continues after the Release of the Third-Party Tortfeasor
* When are Municipal Employees Entitled to Continue to Receive Connecticut General Statutes §31-284b Benefits?
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Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2000 Download PDF
Topics covered include:
* If the Claimant's Concurrent Employment is an Independent Contractor, Those Wages Should not be Included in the Calculation of the Average Weekly Wage
* The Claimant has an Obligation to Continue to Provide Medical Proof of his Disability
* When Should a Cross Appeal be filed?
* Transfer to the Second Injury Fund and Timelines of Re-notice Pursuant to Connecticut General Statutes §31-349(e)
* Does Connecticut General Statutes §31-293 Allow the Employer to Recover More Than the Workers' Compensation Lien in a Third-Party Lawsuit?
* The Claimant's Attorney is entitled to only 20% of a Settlement
* Is the Claimant's Presence at a Formal Hearing Required?
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Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2000 Download PDF
Topics covered include:
* The Second Injury Must Pay COLAs for Connecticut General Statutes §31-310 claims
* Maximum Medical Improvement is Date the Form 36 is received by the Workers' Compensation Commission
* Permanent Partial Disability Benefits are based on the Disability without Medication
* The Workers' Compensation Commission is Not Bound by a Decision of an Administrative Law Judge in a Longshore and Harbor Workers' Compensation Act Case
* Moratoriums after Third-Party Settlements
* Heart and Hypertension Act
* Does a Claimant Have to List the Last Date of Exposure to a Repetitive Trauma as the Date of Injury on a Form 30c?
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Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2000 Download PDF
Topics covered include:
* Is the Claimant Entitled to Connecticut General Statutes §31-308a Benefits While Training for Vocational Rehabilitation?
* Loss of Consortium Benefits are not Reimbursable Pursuant to Connecticut General Statutes §31-293
* Are Bad Reactions to Voluntary Vaccines Compensable?
* When is a Municipal Employee Still Eligible to Receive Medical Treatment and Thus Still Entitled to Connecticut General Statutes §31- 284b Benefits?
* What Are the Consequences of Not Denying a Claim Within 28 Days of Receipt of a Form 30C?
* Once the Employer Receives the 30-Day Notice Pursuant to Connecticut General Statutes §31-293, the Employer Must Intervene in the Employee's Lawsuit and Cannot Commence a Separate Lawsuit against the Same Defendant
* When Does a Slight Deviation Not Take the Claimant Out of the Course of His Employment?
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