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Nuzzo & Roberts publishes quarterly newsletters with analysis of recent superior and appellate court case law relevant to the interests of our clients. The newsletters include case details as well as editorial comment, and keep our clients abreast of important changes and developments in Connecticut law.

We currently publish the following newsletters:

General Newsletter
Professional Liability Newsletter
Workers' Compensation Newsletter
Insurance Coverage & Bad Faith


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These newsletters are designed to provide general information prepared by professionals regarding the subject matter covered. The information contained therein is not and should not be interpreted as legal opinions or legal advice. The discussions of each of the cases, issues and other statures are merely summaries and do not purport to be a full analysis thereof. Moreover, the information may not be completely up to date, as new cases may have been decided and statutes amended since the publication of the newsletters. These newsletters should not be utilized as a substitute for professional service, as the applicability of the law may vary for each factual scenario. Contact us if legal advice is required.
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2017   View in PDF
Topics covered include:
* What is the Test for Establishing Causation of an Occupational Disease?
* Exception to "Coming and Going" Rule
* Claimant was not in the Course of Employment When Injured
* Failure to Provide Sufficient Evidence at a Formal Hearing
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2017   View in PDF
Topics covered include:
* Notice of Withholding for Child Support Liens
* Where to Send a Form 30c Notice of Claim
* Was the Case Properly Dismissed?
* Was the Claimant's Injury Compensable When It Occurred on a Public Sidewalk?
* The Claimant was Injured in the Course of Employment
* A City can be Liable as a Principal Employer
* The Claimant was not Given the Proper Opportunity to Depose the Commissioner's Examiner
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2017   View in PDF
Topics covered include:
* An Injury En Route to Work in a Ride Share Vehicle is not Compensable
* A Child not Conceived on the Date of Injury is not Entitled to Survivor's Death Benefits
* A Federal Longshore Finding can be Binding on a Workers' Compensation Case
* The Date of the Last Injurious Repetitive Trauma at Work Must be Decided by the Trial Commissioner
Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2016   View in PDF
Topics covered include:
* Can a Commissioner's Examination be Required?
* Timeliness of Heart and Hyper-tension Claim
* When is a Police Officer in the Course of his Employment?
* Concurrent Employment
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2016   View in PDF
Topics covered include:
* The Insurer's Common Law Right to Sue for Lien Reimbursement
* Principal Employer Defense
* Does the Descendant Employee's Estate Have Standing to Request Benefits?
* Injury Did Not Arise Out of Employment
* The Claimant Must Prove the Need for Treatment Even if a Motion to Preclude has Been Granted
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2016   View in PDF
Topics covered include:
* Where to Send a Notice of Claim for a Municipal Employee
* Sole Proprietor and the Need for a Workers' Compensation Policy
* Compensability of a Heart and Psychiatric Claim
* Mutual Benefit Rule
* Motion to Preclude not Applicable
* Medical Marijuana
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2016   View in PDF
Topics covered include:
* Timeliness of Notice for Death Benefits
* The Calculation of the Average Weekly Wage When Vacation Pay is Included
* Qualifying for Heart and Hypertension Benefits
* Apportionment of Liability
* Moratoriums Against Future Benefits for Third Party Recoveries
* Dependent in Fact
* The Granting of a Motion to Preclude Does not Prevent an Appeal
Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2015   View in PDF
Topics covered include:
* Timely Notice for Heart and Hypertension Claims
* The Motor Vehicle Exception and the Right to Sue a Co-Worker
* Can a Commissioner Order a Claimant to Enter a Detoxification Program?
* When is a Motion to Preclude Properly Denied?
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2015   View in PDF
Topics covered include:
* When is a Motion to Preclude Properly Denied?
* Sufficient Evidence was on the Record to Support Compensability
* Lien Reimbursement
* Does a Ruling in a Longshore Case Collaterally Estop a Commissioner?
* Entitlement to Transportation Pursuant to Connecticut General Statutes §31-312
* Denial of a Motion to Preclude
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2015   View in PDF
Topics covered include:
* Hospital Bills Prior to April 1, 2015
* Significantly, in Section 459 of Public Act 15-5, the Connecticut Legislature Seems to Have Enacted Legislation to Overturn the Caraballo Decision
* New Obligation for Employers with Approved Medical Care Plans
* An Act Concerning Injured Voluntary Firefighters on Sick Leave Benefits
* Concurrent Injuries and Apportionment of Indemnity Benefits
* When is a Police Officer in the Course of his Employment?
* When is There no Subject Matter Jurisdiction?
* Was the Claimant an Employee?
* Heart and Hypertension
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2015   View in PDF
Topics covered include:
* Hospital Bills Prior to April 1, 2015
* Liability for Permanent Partial Disability Arising from the Progression of a Non-Occupational Condition
* Party Liable for a Third Cervical Injury
* Whether to Award Attorney's Fees to the Claimant is Within the Commissioner's Discretion
* Was the Trial Commissioner's Decision Based on the Evidence?
* When Does the 30-day Period to Intervene Commence?
* When are the Consequences of a Drug Overdose Compensable?
* When is the Granting of Motion to Dismiss Interlocutory?
* A Commissioner May Order the Scheduling of a RME as a Discovery Order
* Formal Hearing De Novo
* Heart & Hypertension Benefits
Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2014   View in PDF
Topics covered include:
* Motions to Preclude
* Jurisdiction of a Death Claim
* Whether the Claimant was a Connecticut Employee
* Calculation of the Compensation Rate
* Hospital Bills
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2014   View in PDF
Topics covered include:
* When do the Actions of an Apportionment Respondent Justify an Order for Interest?
* Can the Award of Attorney’s Fees Include Paralegal Fees?
* When Does the Period to Intervene Commence?
* Timeliness of Notice
* When is Preclusion Applicable?
* Calculation of the Compensation Rate When Vacation Pay is Issued
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2014   View in PDF
Topics covered include:
* Hospital Fees for Workers' Compensation Claims
* APRNs Allowed to Directly Treat Patients
* Can a Form 36 be Approved Without a Formal Hearing?
* When is a Stipulation not Enforceable?
* Timeliness of Notice
* Does a Lent Employee Work for the Lending Employer?
* Does an Intervening Plaintiff Need to Seek Permission to Sue a State Agency?
* Preclusion
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2014   View in PDF
Topics covered include:
* When an Injury Does Not Arise Out of Employment
* The Claimant was an Employee and not an Independent Contractor
* When Should a Motion to Preclude be Denied?
Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2013   View in PDF
Topics covered include:
* The Commissioner has the Power to Deny Approval of a Stipulation
* Permanent Partial Disability
* Principal Employer
* Jurisdiction
* Dual Purpose Travel
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2013   View in PDF
Topics covered include:
* Timely Denial of the Claim
* A Form 36 May be Approved by Commissioner Before a Formal Hearing
* Jurisdiction
* Public Act 11-205 Should be Applied Prospectively
* Defective Form 43
* Jurisdiction
* Hatt and the Party Responsible for Ongoing Treatment
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2013   View in PDF
Topics covered include:
* Compensation Rate for Members of the Armed Forces of Connecticut
* When Does the Commute Commence for Police Officers and Firefighters to be in the Course of Their Employment?
* Concurrent Injuries and Apportionment of Indemnity Benefits
* Motion to Preclude
* Willful and Serious Misconduct Prevents a Claim From Being Compensable
* Reverse Apportionment is not Allowed Under the Workers' Compensation Act
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2013   View in PDF
Topics covered include:
* Total Disability
* A Bar to Common Law Bad Faith Claims
* Timely Notice Without a Form 30C
* When was an Error on a Form 43 Inconsequential and the Denial of the Claim Still Timely?
* Settlement Not Enforceable if Not Approved by a Commissioner Before the Claimant's Death
Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2012   View in PDF
Topics covered include:
* Motion to Preclude
* Does the Commissioner Have Jurisdiction to Redistribute the Third-Party Settlement Proceeds?
* Does the Intervening Employer Need to Separately Protect its Interests Against a Bankrupt Tort-feasor?
* Timely Intervention in a Third-Party Lawsuit
* Is There a Right to Temporary Partial Disability Benefits if the Claimant has Voluntarily Moved Out of Connecticut?
* Admission of a Video Into Evidence
* Sanctions Must be Levied Against a Party, not the Party's Counsel
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2012   View in PDF
Topics covered include:
* When is Preclusion not Appropriate?
* Statute of Limitations for Death Claims is 2 Years
* No Private Cause of Action for Failure to Pay Benefits
* An Employer is Only Entitled to Reimbursement of Workers' Compensation Benefits
* Lien Letters and the Entitlement to Reimbursement Pursuant to Connecticut General Statutes §31-293
* Motion to Preclude
* When are Connecticut General Statutes §31-303 Penalties not Applicable for the Late Payment of Settlement Proceeds?
* Palliative Care
* Connecticut General Statutes §31-308a Benefits
* A Trial Commissioner may Only Consider Evidence Presented at a Formal Hearing When Rendering a Decision
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2012   View in PDF
Topics covered include:
* Second Injury Fund
* PTSD Claims for Firefighters
* Superceding Cause
* When is the Medical Care Exception not Applicable?
* When Should an Approved Stipulation not be Reopened?
* Intoxification is an Affirmative Defense
* Who is the Employer When the Claimant is Employed by Multiple Municipalities in one District?
* When Should Interest be Awarded Against an Apportionment Respondent?
* Can PPD be Apportioned When There is No Evidence the PPD was "Paid or Payable" From a Prior Injury?
* Police officer not in the Course of His Employment
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2012   View in PDF
Topics covered include:
* No Jurisdiction When the Claimant is not a Connecticut Employee
* The Statute of Limitations in Heart and Hypertension Cases
* When is There Sufficient Evidence to Support the Trial Commissioner's Finding?
* Five Cumulative Years of Total Disability Entitle the Claimant to COLAs
* Motion to Preclude - When is the Time to Deny a Claim not Tolled?
* When is the Claimant in the Course of Employment if Working at Home?
Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2011   View in PDF
Topics covered include:
* Heart and Hypertension Benefits
* Appellate Procedure
* The Formal Hearing Record Needed to Support an Order for Sanctions
* When is a Scarring Award Appropriate?
* Jurisdiction
* When is Notice of a Claim Not Timely?
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2011   View in PDF
Topics covered include:
* CIGA Can be the CGS §31-299b Party
* Penalties and Sanctions
* When Does a Trial Commissioner Have Sufficient Evidence to Rule on the Need for Medical Treatment or Equipment?
* When Should a Trial Commissioner's Finding be Overturned?
* What Parties Cannot be Sued for Negligence When an Employee is Injured?
* An Employer who Fails to Obtain Workers' Compensation Insurance can be Sued for Negligence in Superior Court by its Employee.
* Can a Third-Party Claims Administrator be Liable Pursuant to CGS §31-290a?
* Sufficiency of a Form 43
* A Denial of the Same Claim in a Different State Does Not Save the Late Filing of a Form 43 in Connecticut.
* Heart and Hypertension
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2011   View in PDF
Topics covered include:
* The Amount of the Recoverable Workers' Compensation Lien has been Reduced
* A Consumer of Homemaker and Companion Services Can be Considered an Employer
* Timely Notice of Claim
* Can a PPD Rating be Assigned to an Unscheduled Body Part?
* Does the Exception to CGS §31-293 That Allows a Co-employee to be Sued for the Negligent Operation of a Motor Vehicle, Apply When the Co-employee is a State Worker?
* Does the Workers' Compensation Commission have Jurisdiction over the Proceeds Recovered by the Claimant's Spouse for Loss of Consortium?
* Can CGS §31-299b Liability be Apportioned Against a Self-Insured Employer?
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2011   View in PDF
Topics covered include:
* A Party to a Workers' Compensation Case Can Move for a Declaratory Judgment Addressing the Constitutionality of a Statute Before the Trial Commissioner Issues a Ruling
* When is a Claimant an Employee?
* When May a Claimant Sue a Co-worker?
* The Right to Intervene When the Employer is the State
* Mileage Reimbursement for Claimants Who Have Moved Out of State
* Heart and Hypertension Benefits Pursuant to Connecticut General Statutes §5-145a
Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2010   View in PDF
Topics covered include:
* When Does a Claimant's Right to PPD Benefits Vest?
* When Does the Statute of Limitations Begin for Heart and Hypertension Cases?
* When is an Appeal Untimely?
* Sanctions Against CIGA Are Not Allowed If Not For a "Covered Claim"
* When Does Connecticut Have Jurisdiction Over a Claim?
* Willful Misconduct by the Claimant Prevents the Entitlement to Benefits
* The "Totality of Factors" Determines if a Claimant is Totally Disabled
* The Need for Treatment Can Be a Combination of Preexisting Conditions and the Workers' Compensation Injury
* A Motion to Preclude Is Not Appropriate to Contest Disability
* Change in Mileage Reimbursement Rate
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2010   View in PDF
Topics covered include:
* Connecticut General Statutes §31-293(a) and the Moratorium Against Future Benefits
* Superseding Cause of Death
* The Claimant's Mental Injuries Must Arise From the Claimant's Physical Injuries to be Compensable
* Jurisdiction
* New Evidence Provided Proof of a Change in Work Capacity
* When is a Claimant Not Entitled to Benefits Because his Injury Occurred While Participating in a Recreational Activity?
* Reimbursement Pursuant to Connecticut General Statutes §31-293(a)
* Statute of Limitations for Wrongful Discharge or Discrimination
* Last Injurious Exposure in an Occupational Disease Claim
* Jurisdiction
* The Lack of a Defense When a Motion to Preclude is Granted
* Expert Qualifications
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2010   View in 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?
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2010   View in 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
Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2009   View in 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?
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2009   View in 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?
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2009   View in 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?
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2009   View in 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
Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2008   View in 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
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2008   View in 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?
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2008   View in 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
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2008   View in 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
Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2007   View in 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?
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2007   View in 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
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2007   View in 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
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2007   View in 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?
Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2006   View in 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?
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2006   View in 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.
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2006   View in 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
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2006   View in 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.
Category: WORKERS' COMPENSATION
Issue: 4rd Quarter 2005   View in 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
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2005   View in 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?
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2005   View in 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.
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2005   View in 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?
Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2004   View in 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.
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2004   View in 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.
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2004   View in 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
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2004   View in 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?
Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2003   View in 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?
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2003   View in 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
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2003   View in 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?
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2003   View in 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
Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2002   View in 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?
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2002   View in 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
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2002   View in 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
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2002   View in 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?
Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2001   View in 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
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2001   View in 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?
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2001   View in 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
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2001   View in 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
Category: WORKERS' COMPENSATION
Issue: 4th Quarter 2000   View in 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?
Category: WORKERS' COMPENSATION
Issue: 3rd Quarter 2000   View in 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?
Category: WORKERS' COMPENSATION
Issue: 2nd Quarter 2000   View in 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?
Category: WORKERS' COMPENSATION
Issue: 1st Quarter 2000   View in 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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