Free Exhibit - District Court of Connecticut - Connecticut

Case 3:03-cv-00674-WWE Document 34-9 Filed O2/11/2005 Page1 of 3
EXHIBIT 9

Case 3:03-cv—00674-WWE Document 34-9 Filed 02/11/2005 Page 2 of 3
4 p . l _ _ 5 3 -
injuries whicnocqur on or l · . .Sec.. 31-294c. Notice of claim for compensation. Notice contesting liability. (a)
_ , I _ No proceedings for compensation under the provisions of this chapter shall be main- .
‘ V _ tained unless a written notice of claim for compensation is given within one year from
anon Ora motor veneer. Q _ the date of the accident or within three years nom the first manifestation of a symptom · `
tS=¢. 4-165 prevails OW _ 1 of theoccupational disease, as the case may be, whichcaused the personal injury, pro-
;6?;t;ihfe;?;{;°‘§O;h;j - V vided, if death has resulted within two years from the date ofthe accident or first mani-. . _ _
;ves1¤1e··¤6mi»ea as mt _ festation of a symptom of the occupational disease, a_ dependent or dependents, or the l- -·
ned. 193 G 59, 68;‘€i*==d— ; legal representative of the deceased employee, may make claim for compensation within —
4 ‘ the two-year period or within one year irom the date of death, whichever is later. Notice l
maermelaer arehneriimear of a claim for compensation may be `given to the employer or any commissioner and —
n _ t shall state, in simple language, the date and place of the accident and the nature of the
` i · resulting from thelaccident, or the date of the first manifestation of a symptom of ·
a. 16., 618, 620, 622, 623. ` the occupational disease and the nature of the disease, as the case may be, and the name
e><¤¢1>ti¤¤i¤ihi$56f>*l°¤i$ and address of the employee and of the person in whose interest compensation is l ‘
2g;;1i;4é;;T;J§;» - » claimed. An employee of the state shall Sena a copy of the notice to the Commissioner I -
ragnnsi his empieyer ans- . ` of Administrative Services. As used in this section, "manifestation of a symptom" means
»pemi¤¤ cf 6 pavlseder ¢¤ ; manifestation to an employee claiming compensation, or to some other person standing I
` i“°id€“°Wm`i“ the °X°°p` in such relation to `him that the knowledge of the person would be imputed to him, in a
ter vameier exception dis. manner that is or should be recognized -by him as symptomatic of the occupational dis-
Legislaturzgiig mi 0* . ease for which compensation is claimed.
is section. . ;
§ · (b) Whenever liability to pay compensation is contested by the employer, he shall g
. Section 31-294 is , . iile with the commissioner, on or before the twenty-eighth day after he has received a
written notice of claim, a notice in accord with a form prescribed by the chairman of the
go SA 8_ 1961 PA 4915 , ‘ Workers’ Compensation Commission stating that the .right to compensation is contested, ·
5,,67, 1,59; Pla. 82-472, s. t · the name of the claimant, the name of the employer, the date of_ the alleged injury or ` 1.
22; PA. 90-116, $· 59 PA- death and the specific grounds on which the right to compensation is contested. The em- E
- ployer shall send a copy of the notice to the employee in accordance with section 31-
321. If the-employer or his legal representative fails to tile the notice contesting liability L_ _
b€¤€5tS under the on or before the·twenty—eighth day after he has received the written notice of claim, the I
•f 3 Podiamst {tithe employer shall commence payment of compensationfor such injury or death on or be- l `
TZCUQWB Physician fore the twenty-_eighth day. after he has received the written notice of claim, but the em- ‘
, ; ployer may contest the employee’s right to receive compensation on any grounds or the
` extent of his disability within one year nom the receipt of the written notice of claim,
provided the employer shall not be required to commence payment of compensation _
when the written notice of claim has not been properly served in accordance with section
` 31-321 or when the written notice of claim fails to include a_ warning that (1) the em-
ho has sustained an 4 _ ployer, if he has commenced payment for the alleged injtuy or death on or before the
e irnury to his em- I _ twenty-eighth day after receiving a written notice of claim, shall be precluded from con- (
> fails to report the ~ ; testing liability unless a notice contesting liability is tiled within one year from the re- , ‘
rnpensation proper- , ` ceipt ofthe written notice. of claim, and (2) the employer shall be conclusively presumed
y reason of the fail- to have accepted the compensability of the alleged injury or deathunless the employer _
ll rest upon the em- ‘ either files a notice contesting liability on or before the twenty-eighth day after receiving '
` - ` · tl Written notice of claim or commences payment for the alleged injury or death on or .
_ . ‘ before such twenty—eighth day. An employer shall be entitled, if he prevails, to reim-
. . ‘ l ~ butsement from -the claimant of any compensation paid by the employer on and after the
muimmm Ofwmm, mc, date the commissioner receives written .notice from the employer or his legal representa-
_ tive, in accordance with the form prescribed by the chairman ofthe Workers’ Compen- _

Case 3:03-cv—OO674-WWE Document 34-9 Filed 02/ 1 1/2005 Page 3 of 3
54 i C ’ ` C
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, . . . ‘ . ‘ . . . . · .· ‘ ’ paymeut 0 me lc *
Saigon C0mm1s_s10I1, stating that the fight to C0mp€I1S&t10I1 1S COHi€SlS€d. N0i3W1’€hSl&11d1I1g_ . CA?£p;);?l;y1.;l;i§;iaim was not time barred bcéal
the provisions of this subsection, an employer who fails to contest liability for an alleged ’ mjurm 48 CA357, V .
injury or death on or before the twenty—eighth day after receiving a written notice of _ A
claim and who fails to commence payment for the alleged irgury or death on orbeforel ‘ gw '31-294d. Medical and Surgl
· such twenty—eighth day, shall be conclusively presumed to have accepted the compensa- . employer, as soon as ’€h€ €mPl0Y€Y hi
bility of the alleged injury or death. — — - tem physician or surgeon to attend iii
" . ` any medical and surgical aid or hospi
- (cj Failure to provide a notice of claim under subsection (a) of this section shall not tation Services and prcscyiptjgu dings
Uoar maintenance of the proceedings if there has been a hearing or a written request for a necessary The employer, any insurer
hearing or an assignment for 3. heating within 8. OH€’—y€H1‘ period fI‘0H1 ’€h€ d6.lZ€ ofthe 30- my acting OH behalf of the employer
cident or within a three-;/ear period from the first manifestation of a symptom of the Of Such prescription drugs djyootly tor
occupational disease, as the case may be, or if a voluntary agreement has been submitted -' » _ j
within the applicable period, or if within the applicable period an employee has been ;_ (2) If the injured €mPl0Y€9 IS 9 ·
furnished, for the injury with respect to which compensation is claimed, with medical or ;, marshal, correction 0I°il¤€T» €m€Yg‘
‘ surgical care as provided in section 31-294d. No defect or inaccuracy of notice of claim driver, Et€H$hl€Y» OY active membcrt
shall bar maintenance of proceedings unless the employer shows that he was ignorant of _ ‘5 C gagod in volunteer dU’¢1€S, Who h3Sd_
the facts concerning the personal injmy and was prejudiced bythe dofeot oi niooonnioy guido that may carry bl00d~b<>m€
of the notice. Upon satisfactory showing of ignorance and prejudice, the employer shall nursing service provided by tht? €mP1
. receive allowance to the extent of the prejudice. · . A phylgctic procedure f01' and lT€3im9H
_ (PA. 9i-32, S. 11, 41; 91-339, S. 47, 55;~P.A. 93—228, S. 8, 35; 93—419, S. 8, 9.) i · The gmploycc shall select the
History: P,A. 9l~339 amended Subsec. (b) to change "comrnissioners" to "chairman of the workers’ compensation come W Siciims and Surgeons pl‘€p&lf€Cl by the
_ mission"; 93-228 amended Subsec. (b) to change the circumstances under which a conclusive presumption of employer C __ 7 1 6 is unable to ma]
liability is established and to allow-an employer who successfully contests liability for a claim to recover compensation paid to 51011. If the cmp OYG _ ‘
the claimant, effective July 1, 1993; PA. 93-419 made technical change in Subsec. (ln), replacing "commended" with "com- ratification by the empl0y€€ Of hlS Ul
memdiz affective my 1, 19% A . · sician or if a physician is available
Cited. 228 C. 1, 6, Sec. 31-294 (repealed) cited. ld. Cited. 231 C. 529, 543. Cited. 232 C. 780, 781, 784-788. Sec. 3l·294 _ . _ h . . · may be rcndcreé
cited. Id. Cited. 237 C. 1, 7. Cited. 239 C. 19. Workers’ compensation legislation is remedial and should be broadly construed follcwmg t G H1-lm) _ _ .d
` to accomplish its llumanitafiall pufpbse. 252 C. 596. Where w0rkers’ compensation appeal involves issue of statutory Select QWH pl'lySlClaIl as pliovl el
construction that lias not been subjected to judicial scrutiny, Supreme Court has plenary power to review the administrative . · g0mmiSSlOH€T.
d , . Id _ . pI`1OI` 8.ppI`OV8l O if €
€C1SlOI1. . _ ‘
Cited. 38 CA 1, 2, 6. Cited. ld., 73, 76. Cited. 44 CA 465. Emp10yer’s first report of injury form and an attorney’s letter (C) The commissioner may, Wit]
taken together meet statutory requirement of written notice of claim. 52 CA 194. Workers compensation review board prop— d Ieasm
erly concluded that, under the totality of the circumstances, completion of accident investigation form by defendant’s tire ‘ l_n_]L11‘€Cl €H1pl0y€€> when goo
department indicating that plaintiff had been transported to the hospital for high blood pressure, plaintiffs tiling of first report change Of phys OI S\1I`g€OH or h
of injury for high blood pressure with defendant’s workers’ compensation. division and the employer‘s investigative report . (21) Of Scctiml '
prepared by the defendant’s workers’ compensation division for defendant’s contro1ler’s office constituted “substantial com· SBC/mon
p1iance" with notice requirements. 63 CA 570. Does not require that notice of injury by employee include statutory reference. . · - ·
70 CA 321_ U (il) The pecuniary liability of th
subseeraj; _ quired by this section shell be hmm
Cited. 237 C. 1, S. Cited. 239 C. 408. Cited. 240 C. 788. Cited. 242 C. 570. Notice of claim for repetitive trauma injury is _ I communities fo]; Similar lil
sufficient to support a motion to preclude if it provides adequate information as to period of time over which die injury is . .1 trcatmgnt is pa
alleged to have occurred sufficient to allow employer to make timely investigation of the claim. 252 C. 596. mg when the SIHH all _` I 1
Cited. 40 CA 44-6, 447. Cited. 42 CA 803. Cited. 44 CA 465. Cited. 45 CA 707. "Accident" and foccupational disease" - ployer for hgspllal SCIVICG shall be t-
must be read broadly enough so that even an injury that is defined as stemming from repetitive trauma under Sec. 31-275(8) _ ervicc as dctemuined by the GOHIIIT
may be deemed to fall into one of the two categories. 56 CA 90. Without timely written notice of claim, commissioner lacks S_ ’ . ‘ f the employer
Subject matter jurisdiction over such claim. 68 CA 590. Separate notice of claim not required when dependent pursues deriva— · tions, the habl lty 0 , .
five Claim for death benefit. 71 CA 140. ‘ . - Cgmptfglléf 11I1Cl€T the provisions O
S“b”°‘ lb): A A ‘ 1 services in worl Cited- 241 C. 692. Notice to contest liability must state both date of alleged injury and specific reasons for contesting , for hoéplta . Cha tl
cvmpensation. 252 c. 596_ _ · A j Skmey m oooordance Wltht 15 up P
. - I Cited. 30 CA 295, 305. Cited. 40 CA.446, 447. Employer not precluded from challenging commissioner’s subject matter V _ . t Y
jurisdiction. 64 CA 1. Issue of compensability of an injury does not implicate commissi0ner’s subject matter jurisdiction and, _ (6) if il1€ €mP1Oy€r falls 0 pro 1
· ¤°¤0Td1HglY, Statutory presumption of liability cannot be cireuinvented. -1d. Does not implicate insurer’s right to raise the . and Surgical Oy hospital and Hui
defense of lack of coverage against an employer. 67 CA 361. ` . ‘ · `cjan (
S11bSCC. I 4 _ ' may ai P
Cited. 237 C. 1, 5,11. ' ”°
l I ;i =ufLi'%·.X·’>•v&.siiittJi4¢¢»i .i I i l A