Connecticut General Statutes 31-296 – Voluntary agreements
(a) If an employer and an injured employee, or in case of fatal injury the employee’s legal representative or dependent, at a date not earlier than the expiration of the waiting period, reach an agreement in regard to compensation, such agreement shall be submitted in writing to the administrative law judge by the employer with a statement of the time, place and nature of the injury upon which it is based; and, if such administrative law judge finds such agreement to conform to the provisions of this chapter in every regard, the administrative law judge shall so approve it. A copy of the agreement, with a statement of the administrative law judge’s approval, shall be delivered to each of the parties and thereafter it shall be as binding upon both parties as an award by the administrative law judge. The administrative law judge’s statement of approval shall also inform the employee or the employee’s dependent, as the case may be, of any rights the individual may have to an annual cost-of-living adjustment or to participate in a rehabilitation program administered by the Department of Aging and Disability Services under the provisions of this chapter. The administrative law judge shall retain the original agreement, with the administrative law judge’s approval thereof, in the administrative law judge’s office and, if an application is made to the superior court for an execution, the administrative law judge shall, upon the request of said court, file in the court a certified copy of the agreement and statement of approval.
Terms Used In Connecticut General Statutes 31-296
- Administrative law judge: means the administrative law judge who has jurisdiction in the matter referred to in the context. See Connecticut General Statutes 31-275
- Commission: means the Workers' Compensation Commission. See Connecticut General Statutes 31-275
- Compensation: means benefits or payments mandated by the provisions of this chapter, including, but not limited to, indemnity, medical and surgical aid or hospital and nursing service required under §. See Connecticut General Statutes 31-275
- Date of the injury: means , for an occupational disease, the date of total or partial incapacity to work as a result of such disease. See Connecticut General Statutes 31-275
- Dependent: A person dependent for support upon another.
- Dependent: means a member of the injured employee's family or next of kin who was wholly or partly dependent upon the earnings of the employee at the time of the injury. See Connecticut General Statutes 31-275
- Employee: means any person who:
(i) Has entered into or works under any contract of service or apprenticeship with an employer, whether the contract contemplated the performance of duties within or without the state. See Connecticut General Statutes 31-275
- Employer: means any person, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any public corporation within the state using the services of one or more employees for pay, or the legal representative of any such employer, but all contracts of employment between an employer employing persons excluded from the definition of employee and any such employee shall be conclusively presumed to include the following mutual agreements between employer and employee: (A) That the employer may accept and become bound by the provisions of this chapter by immediately complying with §. See Connecticut General Statutes 31-275
- injury: includes , in addition to accidental injury that may be definitely located as to the time when and the place where the accident occurred, an injury to an employee that is causally connected with the employee's employment and is the direct result of repetitive trauma or repetitive acts incident to such employment, and occupational disease. See Connecticut General Statutes 31-275
- month: means a calendar month, and the word "year" means a calendar year, unless otherwise expressed. See Connecticut General Statutes 1-1
- nurse: means a person engaged in such practice. See Connecticut General Statutes 31-275
- Physician: includes any person licensed and authorized to practice a healing art, as defined in §. See Connecticut General Statutes 31-275
(b) Before discontinuing or reducing payment on account of total or partial incapacity under any such agreement, the employer or the employer’s insurer, if it is claimed by or on behalf of the injured employee that such employee’s incapacity still continues, shall notify the administrative law judge and the employee, in accordance with § 31-321, of the proposed discontinuance or reduction of such payments. Such notice shall specify the reason for the proposed discontinuance or reduction and the date such proposed discontinuance or reduction will commence. No discontinuance or reduction shall become effective unless specifically approved in writing by the administrative law judge. The employee may request a hearing on any such proposed discontinuance or reduction not later than fifteen days after receipt of such notice. Any such request for a hearing shall be given priority over requests for hearings on other matters. The administrative law judge shall not approve any such discontinuance or reduction prior to the expiration of the period for requesting a hearing or the completion of such hearing, whichever is later. In any case where the administrative law judge finds that an employer has discontinued or reduced any payments made in accordance with this section without the approval of the administrative law judge, such employer shall be required to pay to the employee the total amount of all payments so discontinued or the total amount by which such payments were reduced, as the case may be, and shall be required to pay interest to the employee, at a rate of one and one-quarter per cent per month or portion of a month, on any payments so discontinued or on the total amount by which such payments were reduced, as the case may be, plus reasonable attorney’s fees incurred by the employee in relation to such discontinuance or reduction.
(c) The employer’s or insurer’s notice of intention to discontinue or reduce payments shall (1) identify the claimant, the claimant’s attorney or other representative, the employer, the insurer, and the injury, including the date of the injury, the city or town in which the injury occurred and the nature of the injury, (2) include medical documentation that (A) establishes the basis for the discontinuance or reduction of payments, and (B) identifies the claimant’s attending physician, physician assistant or advanced practice registered nurse, and (3) be in substantially the following form:
IMPORTANT
STATE OF CONNECTICUT WORKERS’ COMPENSATION COMMISSION
YOU ARE HEREBY NOTIFIED THAT THE EMPLOYER OR INSURER INTENDS TO REDUCE OR DISCONTINUE YOUR COMPENSATION PAYMENTS ON …. (date) FOR THE FOLLOWING REASONS:
If you object to the reduction or discontinuance of benefits as stated in this notice, YOU MUST REQUEST A HEARING NOT LATER THAN 15 DAYS after your receipt of this notice, or this notice will automatically be approved.
To request an Informal Hearing, call the Workers’ Compensation Commission District Office in which your case is pending.
Be prepared to provide medical and other documentation to support your objection. For your protection, note the date when you received this notice.