Connecticut General Statutes 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 such injury from the Second Injury Fund pursuant to the provisions of § 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 § 31-301.
Terms Used In Connecticut General Statutes 31-349b
- 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
- 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
- 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
- Second injury: means an injury, incurred by accident, repetitive trauma, repetitive acts or disease arising out of and in the course of employment, to an employee with a previous disability. See Connecticut General Statutes 31-275
(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 § 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.