Conn. Agencies Regs. § 31-354-1

Current through October 16, 2024

Section 31-354-1 - Definitions

For purposes of Sections 31-354-1 to 31-354-34, inclusive of the Regulations of Connecticut State Agencies, the following definitions apply:

(1) "Acknowledgement of Prior Physical Condition" means a written notice from the employee to the employer in accordance with the provisions of section 31-325 of the General Statutes of any physical defect which imposes a further or unusual hazard upon the employer.

(2) "Agent" means a person who is authorized by a principal to act for or in place of that principal.

(3) "Appeal" means a request for a hearing before the Compensation Review Board to hear appeals from decisions made by commissioners pursuant to Chapter 568.

(4) "COLA" means the cost of living adjustment provided to claimants pursuant to Chapter 568.

(5) "Carrier" means the insurance company who represents the employer and pays compensation benefits to employees who have suffered a compensable injury.

(6) "Claimant" means the injured employee, or in the case of his or her death, his or her estate, and any class of dependents who may be entitled to benefits under Chapter 568.

(7) "Compensable Injury" means an injury for which a claimant is entitled to benefits under Chapter 568.

(8) "Commission" means the Workers' Compensation Commission.

(9) "Commissioner" means the compensation commissioner or other duly authorized person or a person who has jurisdiction in the matter referred to in the context.

(10) "Compensation" means benefits or payments mandated by the provisions of Chapter 568.

(11) "Compensation Rate" means the amount of weekly compensation that is equal to the percentage of average weekly earnings as of the date of the injury, calculated pursuant to the provisions of Chapter 568.

(12) "Compensation Review Board" means the chairman or his authorized representative and 2 commissioners appointed by him who sit on a review board and hear appeals from decisions made by compensation commissioners pursuant to section 31-280b of the General Statutes.

(13) "Concurrent Employment" means the employment of a claimant with more than one employer at time of injury.

(14) "Custodian of the Fund" means the treasurer of the state of Connecticut or his designee.

(15) "Debtor" means one who owes a debt to a creditor, who may be compelled to pay that debt to another pursuant to section 31-355a of the General Statutes.

(16) "Fund" means the Second Injury Fund.

(17) "Date of Liability" means the date when the Fund becomes statutorily responsible for a claim.

(18) "Date of Transfer" means the date the Fund's liability for a compensable injury is approved by a commissioner.

(19) "Dependent" means a member of the injured employee's family or next of kin who was dependent upon the earnings of the employee at the time of injury.

(20) "Employee" means any person as defined in subsection 9 of § 31-275 of the General Statutes.

(21) "Employer" means any entity as defined in subsection 10 of § 31-275 of the General Statutes.

(22) "Finding and Award" means a document issued by a commissioner determining the resolution of a disputed matter.

(23) "Formal Hearing" means a hearing before a commissioner where all evidence and arguments are recorded by a court reporter.

(24) "Group Program" means an insurance program providing health and accident benefits to claimants pursuant to subsection (f) of section 31-349 of the General Statutes.

(25) "Informal Hearing" means an informal discussion by parties in interest in an attempt to resolve a claim.

(26) "Lien" means a claim, encumbrance, or charge on property for the payment of a debt or the performance of an obligation.

(27) "Notice" means a notice in writing given to the custodian of the Fund, or his designee, as required by the following sections: 31-355, 31-349, 31-310, 31-307a, 31-306, and subsection (d) of 31-284b of the General Statutes.

(28) "Occupational Disease" means any disease peculiar to the occupation in which the employee was engaged in excess of the ordinary hazards of employment.

(29) "Order of Payment" means an award made by the commissioner.

(30) "Physician" means any person defined in section 20-1 of the General Statutes and licensed under the provisions of Chapters 370, 371, 372 and 373 of the General Statutes to practice in this state.

(31) "Previous Disability" means an employee's pre-existing condition, a permanent physicial impairment resulting from accidental injury, disease or congenital causes.

(32) "Stipulation" means a voluntary agreement between the parties where consideration is exchanged to relieve the respondent from any further obligations it may have to the claimant.

(33) "Respondent" means the employer and/or its insurance carrier, and/or the Fund.

(34) "Second Injury" means a compensable injury to an employee with a previous disability.

(35) "Transfer Agreement" means an agreement in writing to pass compensation liability from an employer or its insurer to the Fund in accordance with statutory requirements.

(36) "Trustee" means one who holds property in trust for the benefit of another, and who may be compelled to surrender that property to a creditor of that beneficiary in accordance with the provisions of section 31-355a of the General Statutes.

(37) "Voluntary Agreement" means a document negotiated between an employer and its employee, establishing a consent to compensation. It is the basis for all compensation claims when there is no dispute that the claimant suffered a compensable injury.

Conn. Agencies Regs. § 31-354-1

Effective July 21, 1994