Free Exhibit - District Court of Connecticut - Connecticut

Case 3:03-cv-00674-WWE Document 34-10 Filed 02/11/2005 Page1 of 3 I
EXHIBIT 10

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Case 3:03-cv—OO674-WWE Document 34 10 Fl
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Agreement for compensation approved by commissioner may be modified by him on facts not made known to him though ··Y I iQ 123 Wquucd xg;-n;0(;;1Ot;l; claim shall be S¢h€(
known to the parties. 95 C. 356. Widow bound by agreement signed by her and late husband. 120 C. 280. Cited. 126 C. 491;' ll‘{“» viii; dm wagpreviously cstablisiimi P"
128 C. 578; 151 C. 559. Agreement by which employer waived all further claims under W0rkmen’s Compensation Act was? Pnmcr io give notice that he contests a claxmifog
_ binding on him as waiver of his subrogation rights under section 31-293. 157 C. 538. Cited. 159 C. 302. Cited. l77‘C. 107, pEgk,yc;’s failure to contest- shall not consltgflizg
112t Cited. 231 C. 287, 291. Cited. ld., 469, 480. Cited. 233 C. 14, 15, 17, 19, 20, 22-25. Cited. 237 C. 259, 263. Sums paid _ iiwhcu thg notice fails *0 m¤l¤d° a `EFH gfnotice
pursuant to voluntary agreements are "compensation" and recoverable by employers or Second Injury Fund imdepséscs 3]. and deleted Subse¢S· (bl and (C) Y° g l
293 and 31-352. 259 C. 325, ` Tm days, notice does not apply to beamxg o
Cited. 13 CA 208, 212. Cited. 21 CA 464-466. Cited. 28 CA 113, 120. Cited. 33 CA 490, 491. Cited. 36 CA 298, 299. ~ {ice bythe employer as to the specific ground:
Cited. 38 CA 754, 758. Cited. 40 CA 36, 38, 401 Cited. 44 CA 771. Cited. 45 CA 324. Meaning of "voluntary agreerne¤t" as - E; defense ofthe action. 165 C. 338, 348. Cited;
used in regulation section 3l~296—l discussed. 58 CA 45. Court was within discretion to deny request to execute voluntary Cited 2 CA 365, 374. Cited. i3 CA 208, 2l-
agreement that was not a final settlement. ld. ; Cited 38 CS 331, 332, 333.
. _ Cited. 4 CS 467; 28 CS 5. Cited. 42 CS 514, · ` Subset:} (Z): I
- ` " Casa, m c.1ov,110.
Sec; 31-296::1. Discontmuance or reductnon of payments under oral agreements. _ S‘}b?°ig)C 338 3414,43, 345. citeqdist
i Ng employer shall discontinue or reduce payment on account of total or partial incapac- ~ 3_ iWt§;;y·c0mpcgs5ta$¤, not to contests ofcxt;11
ity under any oral agreement or in any case where the employe1·’s acceptance of c0m— 119.-121} Cited. Id· I¤<·1¤i*>’ °;“_°’“S;°‘;i;§S;`;SJ`
. . . . . · ’ ‘ · · ` iman ¤ .
pensability has been conclusively presumed under subsection (b) of section 31-2940 Pr¤¤l¤2g“g;a;;ag§°8tg °;l;1° $82 195 CttCd_ 2;;
because of failure to tile a timely notice contesting l1ab111ty, 1f It 1S claamedby or on be— C meld to be constitutional under both state;
half of the injured person-that, his incapacity still continues, unless such employer noti— l i Cum 9 CA 91—93.Cited-li·»%25}I‘;i;·c5;tc§
· · - - - · · · sion
ties the comm1ss1011er and the employee ofthe proposed discontinuance or reduction H1 vr¤¤<>;§“;‘;"2?;;“°;§y§;°;§ 64 66 Citcd_ ld
. . `. .. . 2-_i. ·=‘__v
the manner prescmbed in section 31-296 and the commissioner specifically approves , _ EQU) be applied retroactively. Date ¤f¤1J¤¥>"G
such d1scontmua11ce or reduction 111 writing. ‘ 654.659.r>.A.90»116, Se? 9 °“°d· RL Cg°`;)0€
n ‘ - 282, Cited, 42 CA 147. Cited. 45 CA 49 .6wd
(1971, P.A, 5lO, S, 2; 1972, P.A. 43; P.A. 88-106, S. 2; P.A. 92-31, S. 3, 7.) pcndcnts. Notice to last-k¤¤W¤ add""S;;f°::_t d
History: 1972 act prohibited discontinuing payments "in any case where the employefs acceptance of compensability has i ' ` Cited. 38 CS 33l» 332~ 33/`i’ 336’
been conclusively presumed because of failure to Ele a timely notice contesting liabi1ity"; P.A. 88·l06 added the provisions _
regarding the reduction of benefits; P.A. 92-31 made a technical change. S i 31 29721 Informa] he;
`Ctmi za CAl13, 120. · _ I , _ **:51. chairman of the Workei
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. . . , . . . . ' er th€ l`OV1S1011S 0
Sec. ‘ 31-297. Hcarmglof claims. If an employer and his injured employee,_or his mm md hamgan at the informa
. . . Th? ` C
legal representahve, as the case may be, fail to reach an agreement m regard to compen- S1<>¤€ft¤* h recommendations, tb
sation under the provisions of this chapter, either party may notify the comm1ss1011er of V 5; sec€P su award by the commissi
the failure. Upon such noticel or upon the knowledge that an agreement has not been T, UGS as mom my Such informal
E reached in a case in which a right to compensation may exist, the commissioner shall . not Pistlihe Ostponemcnt r
schedule an early hearing upon the matter, giving both parties notice of time and place agree O P m
not less than ten days prior to the scheduled date; provided the commissioner may, on (pi, 91-339,S- 17,55·P-1*93 3281; _
. . . . . ' · , _ ‘ aumat
Ending 311 €II1€fg€I1Gy to €X1SiZ, g1V€ Such n0t1ce as he finds reasonable under the Cggum- Hmm? ;;_p{§§;—228 ¤¤th¤¤Z° °
· Stances. If HO agreement has been reached within sixty days after the dats Home Ofciajm ¢ff¤¤¤V° I 1; éA 14%
. for compensation was received by the commissioner, as provided in section 31-2940, a 4 4 Cited. , ` -
formal hearing shall be scheduled on the. claim and held within thirty days after the end Sec 31_298 Conduct Oi ht
· of the sixty-clay period, except that if an earlier hearing date has previously been sched- in pctslm or by attorney O; gather
uled, the earlier date shall prevail. Hearings shall be held, if practicable, 1n the town in b umd beyond any informa
. . . . . . . . . . , ye ,
which the injured employee resides; or, if it is not practicable to hold 21 hearing in- the . he ,q S wider the pmvisjggs of
. . . . . . rm .
town, in any other convenient place that the commissioner may prescribe. Sufficient ca ki in accordance with me
i . · . · . . . . . _ . S1
notice of the hearing may be given to the parties 111 mterest by a brief written statement POS t O1; law Or Statutory rules o
» in ordinary terms of the date, place and nature of the injury upon which the claim for ‘ CQ] 1 testimony dcposydon msdn
com ensation is based. t Om ’ ‘ n eg
p · - . ’ best calculated to asce1’t6l¤ fh
(1949 Rev., S. 7446; 1958 Rev., S. 31-l73; 1961, 1=·.A. 491, s. 19; 1967, PA. 842, s, 7; p_A_ 83-123; p_A_ 39-31; p_A_ 90- sions and mmm of th1S Chapm-
‘ 116, S. 9; P,A: 91-32, S. 16,41.) ` _ ‘· _ Sicmex. in commotion with &HY_]
_ History: 19§l act entirely replaced previous provisions; 1967 act divided section into Subsccs., required tiling of notice on . h at Cost Certified capri
or before twentieth day after receipt of written notice of claim rather than after “kn0wledge of alleged injury or dcath" and furnls _ _ ’ d (2)
specified that ernployer`s failure to tile notice contesting liability results in presumption of his acceptance of liability; P.A. 83- Of fgggyd H1 hlS Officev an A °

Q Case 3·O3-cv-00674-WWE Document 34-l O Flléd O2/l l/2005 P<3
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ty him on facts not made known to him though 123 required that, if no voluntary agreement hasllneen reached within sixty days oftlretiling of a notice of claim for compensa-
i late husband 120 C. 280. Cited. 126 C, 491, . _ tion, a formal hearing on the claim shall be scheduled and held within thirty days ofthe end of the sixty—day period, unless a
V d W Qkmcyys Cgmpgngation Aer was Prior hearing dam W¤S`P1’¤Vi0HSly established; P.A. 89-31 added Subsec. (c), providing a tvventy-eighpday period fn; an cm-
[ms un mh O 9 C 302 Cited 177 C 107 , . p _ ployer to give notice that he contests a claim for injuries sustained on or atter October l, l989§ P.A. 90-116 provided that the
C- 538- Cltcdj 15 ‘ ` 9 265 - S ` . ‘ employefs failure to contest- shall not constitute a conclusive presumption when the notice has not been properly served or
20, 22·254 Cited 237 C· 25 = ‘ ums pm ` when the notice fails to include a warning concerning the time period to contest liability; P.A. 91-32 made technical changes
loyers or Second IHJUFY Fund Under S°°S· 3 l' and deleted Subsecs. (b) and_(c) re filing of notice that claim is contested, but see Sec. 3l—2§4c. ·
. . _ Ten days’ notice does not apply to hearing on motion for extension of time. 109 C. 469. Cited. 159 C. 302. The giving of
· . d.36CA298,299. . . 4. - . . i . . . ..
fed 33 4i.1,,vC;:i_ltaI 3 Ccmcntn as _ notice by €HlplOy€I` BS to the Sp€Clf1O g1'OIlIldS 011 which tllé rjrght to COIU.p€IlSBlZ1OIl IS COHtBSY€d 1S B 0OIlCl.1tl0D pl’ECCdSI\f to
7A 32* Meimng ° um to cxicf; Voluntary the defense ofthe action. 165 c. 338, 348. cred. 227 c. sas, 339. cited. 239. c. 408. _
lscmwn {0 any mq Cited. 2 CA 365, 374. Cited. 13 CA 208, 213, Cited. 29 CA 441, 442. Cited. 30 CA 320, 322. Cited. 40 CA 278, 287.
_ 4 Cited. 38 CS 331, 332, 333. . · I _
` Subsec. (a): .
. ’ Cited. 177 C. 107, 110. , ' .
yments under oral agreements. Subsee. (b): . _ .
count gf total or partial incapac- · ] Cit°d· 165 C- 338. 341443, 345. Cited (dissent). 165 C. 338, 351, 353, 356, 357. Appries only to contests Orinitgal yang-
' ’ f ity to pay compensation, not to contests of extent of disability, in requiring filing of a specific defense. l77 C. 107, 110-115,
pemployer S acceptapce O com- f ll9—l2l. Cited. Id. Inquiry on existence of subject matter jurisdiction proper. 207 C. 420—422, 424, 425, 429-433, 436—440.
bS€CflOIl of SCCYIOH 3 1-2940 Preclusion available to one claimant establishes cornpensability as to all eligible claimants. Id., 665, 666, 668-673. Cited, 213
mt if it is Claimed by OI- Oh b€_ V ’ I C. 54, 56. Cited. 218 C. l8l, 182, 195, Cited. 222 C. 62, 64-66, 68. Cited. 227 C. 333, 340. Cited. 228 C. 535—537, 541-543.
ya 1 t. g h Held to be constitutional under both state and federal constitutions. 2 CA 363-36], 369-371. Cited. Id., 162, 163, 165. ·
IUCS, unless Such Emp Oymi H0 '1— ; . Cited. 9 CA 91-93. Cited. Id., 425, 426. Cited. 13 CA 208, 212. Timely Bling of a notice of claim u¤der{Sec. 31-294 is a
l COHlZlHl13IlC€ OI I‘€ S - ....
- · Hicau 3 IOVCS CA 273-275.-Cited. 21 CA63, 64, 66, Cited ld., 610-612, 618. Cited. 22 CA 515, 517, Cited. 25 CA 350-352. Amendment
lmlssloner Spec y pp not to be applied retroactively. Date of injury rule applies. 29 CA 441, 443-452. Amendment applied only prospectively. ld.,
V 654—659. P.A. 90-116, Sec. 9 cited. rd. Cited 30 CA 295, 299, 304. Cited. Id., 320. Cited, 33 CA 495, 4Q7. Cited. 40 CA 278,
282. Cited. 42 CA 147. Cited. 45 CA 499. Does uotexpressly provide for notice to claimants who are not employees or de- V
‘ p _ 4 peuderrts. Notice to last-known address of decedent employee, which was also claimants’ address, was adequate. 63 CA 1.
z emplc>yer’s ac¤er>f¤¤¤¤ Of ¤¤¤¤P€¤5¤b*hYY_haS . V " Cited. 38 CS 331, 332, 334, 336, 337. Cited. 39 CS 403, 406. . `
ng liability”; PA. 88-106 added the provisions ` U
r ` Sec. 31-29721. Informal hearings. In any informal hearing held by the commis-
. sioner or chairman of the Workers’ Compensation Commission in regard to compensa-
md his injured employee, or his d tion under the provisions of this chapter, any recommendations made_ by the commis-
agreement in regard to compen- sioner or chairman at the informal hearing shall be reduced to writing and, if the parties
may notify the commissioner of { " ` accept suchrecommendations, the recommendations shall be as binding upon both par-
that an agreement has not been ties as an award by the commissioner or chairman. The commissioner or chairman shall
ay exist the commissioner shall . not postponeany such informal hearing if one party fails to attend unless both parties
> · r
parties notice of time and place agree to the postponement.
/id€d the C0mmlSSi0H€Y mjaY> OH , (P.A. 91-239, s. 17, ss, P.A. 93-22s, s. l0, 35.) .
1ClS TEQSUHB-ble under the CHCum' , History: P.A. 93-228 authorized chairman of wor·kers’ compensation commission to preside over informal hearings,
Lays after the date notice of claim ‘ ¤1°f¤¢¤V¤ July 1.1993 r _
s provided in section 31-294c, ·a crted. 42 CA 147.
l within thirty days after the end · _ · _ _ _
date has previously been SCh€d_ V Sec. 31-298. Conduct of hearings. Both parties may appear at any hearing, either
,1 d if practicable in the town in in person or by attorney or other accredited representative, and no formal pleadings shall
' ’ · - · . _ . .
ctigable to hold 3 hearing in the be required, beyond anymformal notrces that the commission approves. In all cases and
Emmy may presmbg Sufficient _ , hearings under the provisions of this chapter, the commissioner shall proceed, so far as
·rest by a brief written statement A POSSible, in accordance with the rules of equity. He shall not be bound by the ordinary
. . · · common law or statuto rules of evidence or rocedure, but shall make in u` , throu
rnjury upon which the claim for _ t _ l _,__ _ _
V _ oral testimony, deposition testimony or written and printed records, m a manner that rs
. V best calculated to ascertain the substantial rights of the parties and carry out the provi-
°~~ 84* S· 7¥P·A· 83‘l2?¥P·A· 8961; PA 9°' V , sions and intent of this chapter. No fees shall be charged to either party by the commis- ‘
monmo SubSccs')r€qu{rCdfi1ing Ofmmc on 4 SlL)Il?I rn connection with anyhearrng or other procedure, but _the commissioner shall ‘
,, ·—knOwrsdgs of auegea injury or death" and furmsh at cost (1) certified copies of any testimony, award or other matter whrch may be ·
¤mP“°“ °f he *‘°°°F’“‘“°° °*°‘“*b*"‘Y* PA 8} of record in his office, and (2) duplicates of audio cassette recordings of any formal