Connecticut 2021 Regular Session Status: Enacted

SB 907 — AN ACT CONCERNING MINOR AND TECHNICAL CHANGES TO THE WORKERS' COMPENSATION ACT.

Last action — SIGNED BY GOVERNOR

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2021. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

301 added · 377 removed

301 line(s) added, 377 removed.

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Senate General Assembly File No.
Senate Bill No.
286 January Session, 2021 Senate Bill No.
907 Public Act No.
907 Senate, April 6, 2021 The Committee on Labor and Public Employees reported through SEN.
21-18 AN ACT CONCERNING MINOR AND TECHNICAL CHANGES TO THE WORKERS' COMPENSATION ACT.
KUSHNER of the 24th Dist., Chairperson of the Committee on the part of the Senate, that the bill ought to pass.
AN ACT CONCERNING MINOR AND TECHNICAL CHANGES TO THE WORKERS' COMPENSATION ACT.
4- 186, 5-170, 5-192h, 17b-341, 19a-641, 28-14, 29-4a, 31-275, 31-276, 31-277, 31-278, 31-279, 31-280, 31-280a, as amended by this act, 31-280b, 31-282, 31-283, 31-283d, 31-283e, 31-283f, as amended by this act, 31-284c, 31- 286, 31-286a, 31-286b, 31-288, 31-289a, 31-290a, 31-293, 31-294b, 31-294c, 31-294d, 31-294e, 31-294f, 31-296, 31-296a, 31-297, 31-297a, 31-298, as amended by this act, 31-299, 31-299a, 31-299b, 31-300, 31-301, 31-301c, 31-301d,31-302, 31-306, 31-306b,31-307a,31-308,31-308a,31-310,31-312, 31-313, 31-315, 31-316, 31-318, 31-321, 31-323, 31-326, 31-327, 31-329, 31- 341, 31-342, 31-343, 31-349, as amended by this act, 31-349b, 31-349c, 31- SB907 / File No.
4- 186, 5-170, 5-192h, 17b-341, 19a-641, 28-14, 29-4a, 31-275, 31-276, 31-277, 31-278, 31-279, 31-280, 31-280a, as amended by this act, 31-280b, 31-282, 31-283, 31-283d, 31-283e, 31-283f, as amended by this act, 31-284c, 31- 286, 31-286a, 31-286b, 31-288, 31-289a, 31-290a, 31-293, 31-294b, 31-294c, 31-294d, 31-294e, 31-294f, 31-296, 31-296a, 31-297, 31-297a, 31-298, as amended by this act, 31-299, 31-299a, 31-299b, 31-300, 31-301, 31-301c, 31-301d,31-302, 31-306, 31-306b,31-307a,31-308,31-308a,31-310,31-312, 31-313, 31-315, 31-316, 31-318, 31-321, 31-323, 31-326, 31-327, 31-329, 31- 341, 31-342, 31-343, 31-349, as amended by this act, 31-349b, 31-349c, 31- 353, 31-355, 38a-470, 38a-500, 38a-527, 46b-231, 51-49, 51-49a, 51-49b, 51- 49c, 51-49d, 51-49g, 51-49h, 51-49i, 51-49j, 51-50, 51-50a, 51-50b, 51-51, 51-51h, 51-51i, 51-51k, 51-51l, 51-51m, 51-51n, 51-51o, 51-51p, 51-51q, 51- 51r, 51-51s, 51-63 and 52-149a.
286 1 SB907 File No.
Senate Bill No.
286 353, 31-355, 38a-470, 38a-500, 38a-527, 46b-231, 51-49, 51-49a, 51-49b, 51- 49c, 51-49d, 51-49g, 51-49h, 51-49i, 51-49j, 51-50, 51-50a, 51-50b, 51-51, 51-51h, 51-51i, 51-51k, 51-51l, 51-51m, 51-51n, 51-51o, 51-51p, 51-51q, 51- 51r, 51-51s, 51-63 and 52-149a.
907 (2) Wherever the words "workers' compensation commissioner", "compensation commissioner" or "commissioner" are used to denote a workers' compensation commissioner in any public act of the 2021 session,thewords"administrativelawjudge"shallbesubstitutedinlieu thereof.
(2) Wherever the words "workers' compensation commissioner", "compensation commissioner" or "commissioner" are used to denote a workers' compensation commissioner in any public act of the 2021 session,thewords"administrativelawjudge"shallbesubstitutedinlieu thereof.
(a) A Statistical Division shall be established within the Workers' SB907 / File No.
(a) A Statistical Division shall be established within the Workers' Compensation Commission.
286 2 SB907 File No.
The division shall compile and maintain statistics concerning occupational injuries and diseases, voluntary Public Act No.
286 Compensation Commission.
21-18 2 of 10 Senate Bill No.
The division shall compile and maintain statistics concerning occupational injuries and diseases, voluntary agreements, status of claims and commissioners' dockets.
907 agreements, status of claims and commissioners' dockets.
When liability or extent of disability is contested by formal hearing before the commissioner, the claimant shall be entitled, if he prevails on final judgment, to payment for oral testimony or deposition testimony rendered on his behalf by a competent physician, surgeon or other medical provider, including the stenographic and videotape recording costs thereof, in connection with the claim, the commissioner to determine the reasonableness of such charges.
When liability or extent of disability is contested by formal hearing before the commissioner, the claimant shall be entitled, if he prevails on final judgment, to payment for oral testimony or deposition testimony rendered on his behalf by a competent physician, surgeon or other medical provider, including the stenographic and videotape recording costs thereof, in connection with the claim, the commissioner to determine the reasonableness of such Public Act No.
SB907 / File No.
21-18 3 of 10 Senate Bill No.
286 3 SB907 File No.
907 charges.
286 Sec.
Sec.
(2) include with the notification (A) copies of all medical reports, (B) an accounting of all benefits paid, (C) copies of all findings, awards and approved voluntary agreements, (D) the employer's or insurer's estimate of the reserve amount to ultimate value for the claim, (E) a two- thousand-dollar notification fee payable to the custodian to cover the fund's costs in evaluating the claim proposed to be transferred and (F) such other material as the custodian may require.
(2) include with the notification (A) copies of all medical reports, (B) an accounting of all benefits paid, (C) copies of all findings, awards and approved voluntary agreements, (D) the employer's or insurer's estimate of the reserve amount to ultimate value for the claim, (E) a two- thousand-dollar notification fee payable to the custodian to cover the Public Act No.
The employer by whom the employee is employed at the time of the second injury, or its insurer, shall in the first instance pay all awards of compensation and SB907 / File No.
21-18 4 of 10 Senate Bill No.
286 4 SB907 File No.
907 fund's costs in evaluating the claim proposed to be transferred and (F) such other material as the custodian may require.
286 all medical expenses provided by this chapter for the first one hundred fourweeksofdisability.Failureonthepartoftheemployeroraninsurer to comply does not relieve the employer or insurer of its obligation to continue furnishing compensation under the provisions of this chapter.
The employer by whom the employee is employed at the time of the second injury, or its insurer, shall in the first instance pay all awards of compensation and all medical expenses provided by this chapter for the first one hundred fourweeksofdisability.Failureonthepartoftheemployeroraninsurer to comply does not relieve the employer or insurer of its obligation to continue furnishing compensation under the provisions of this chapter.
If the claim is accepted for transfer, the custodian shall file with the workers' compensationcommissionerforthedistrictinwhichtheclaimwasfiled, a form indicating that the claim has been transferred to the Second Injury Fund and the date that such claim was transferred and shall refund fifteen hundred dollars of the notification fee to the self-insured employer or the insurer, as applicable.
If the claim is accepted for transfer, the custodian shall file with the workers' compensationcommissionerforthedistrictinwhichthe claimwasfiled, a form indicating that the claim has been transferred to the Second Injury Fund and the date that such claim was transferred and shall refund fifteen hundred dollars of the notification fee to the self-insured employer or the insurer, as applicable.
(c) If the second injury of an employee results in the death of the employee, and it is determined that the death would not have occurred except for a preexisting permanent physical impairment, the employer or its insurer shall, in the first instance, pay the funeral expense described in this chapter, and shall pay death benefits as may be due for the first one hundred four weeks.
Public Act No.
The employer or its insurer may SB907 / File No.
21-18 5 of 10 Senate Bill No.
286 5 SB907 File No.
907 (c) If the second injury of an employee results in the death of the employee, and it is determined that the death would not have occurred except for a preexisting permanent physical impairment, the employer or its insurer shall, in the first instance, pay the funeral expense described in this chapter, and shall pay death benefits as may be due for the first one hundred four weeks.
286 thereafter transfer liability for the death benefits to the Second Injury Fund in accordance with the procedures set forth in subsection (b) of this section.
The employer or its insurer may thereafter transfer liability for the death benefits to the Second Injury Fund in accordance with the procedures set forth in subsection (b) of this section.
(d) Notwithstanding the provisions of this section, no injury which occursonor after July 1, 1995,shall serve asabasis for transfer ofaclaim to the Second Injury Fund under this section.
(d) Notwithstanding the provisions of this section, no injury which occursonor after July 1, 1995, shall serve asabasis for transfer ofaclaim to the Second Injury Fund under this section.
All claims, pursuant to this section, not eligible for transfer to the fund on or before July 1, 1999, will remain the responsibility of the employer or its insurer.] Sec.
All claims, pursuant to this section, not eligible for transfer to the fund on or before July 1, 1999, will remain the responsibility of the employer or its insurer.] Public Act No.
21-18 6 of 10 Senate Bill No.
907 Sec.
(a) There shall be a fund to beknown as the Second Injury Fund.
(a) There shall be a fund to beknown as theSecond Injury Fund.
Each employer, other than the state, shall, within thirty days after notice given by the State Treasurer, pay to the State Treasurer for the use of the state a sum in payment of his liability under this chapter which shall be SB907 / File No.
Each employer, other than the state, shall, within thirty days after notice given by the State Treasurer, pay to the State Treasurer for the use of the state a sum in payment of his liability under this chapter which shall be calculated in accordance with the Second Injury Fund surcharge base, as defined in section 31-349g, [and shall be assessed in accordance with subsection (f) of section 31-349,] sections 31-349g, 31-349h and 31-349i, this section, section 31-354b and sections 8 and 9 of public act 96-242.
286 6 SB907 File No.
286 calculated in accordance with the Second Injury Fund surcharge base, as defined in section 31-349g, [and shall be assessed in accordance with subsection (f) of section 31-349,] sections 31-349g, 31-349h and 31-349i, this section, section 31-354b and sections 8 and 9 of public act 96-242.
In any event, such factor shall not exceed, with respect to insured employers, a rate of fifteen per cent on the Second Injury Fund surcharge base with respect to workers' compensation and employers' liability policies and, with respect to self-insured employers, a comparable percentage limitation representing their pro rata share of any assessment.
In any event, such factor shall not exceed, with respect to insured employers, a rate of fifteen per cent on the Second Injury Fund surcharge base with respect to workers' compensation and employers' Public Act No.
21-18 7 of 10 Senate Bill No.
907 liability policies and, with respect to self-insured employers, a comparable percentage limitation representing their pro rata share of any assessment.
For self-insured employers interest shall accrue thirty days after notice from the Second Injury Fund of the unpaid audit SB907 / File No.
For self-insured employers interest shall accrue thirty days after notice from the Second Injury Fund of the unpaid audit assessment.
286 7 SB907 File No.
286 assessment.
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Each private insurance carrier, each self-insurance group and each interlocal risk management agency shall submit annually, on or before April first, to the State Treasurer, in the form prescribed by the State Treasurer, a report of the total Second Injury Fund surcharge base collected in the preceding calendar year and a report of the projected total Second Injury Fund surcharge base for the current calendar year.
Each private insurance Public Act No.
The fund shall be used to provide the benefits set forth in section 31-306 for adjustments in the compensation rate and payment of certain death benefits, in section 31- 307b for adjustments where there are relapses after a return to work, in section 31-307c for totally disabled persons injured prior to October 1, 1953, in section 31-349, as amended by this act, for disabled or handicapped employees and in section 31-355 for the payment of SB907 / File No.
21-18 8 of 10 Senate Bill No.
286 8 SB907 File No.
907 carrier, each self-insurance group and each interlocal risk management agency shall submit annually, on or before April first, to the State Treasurer, in the form prescribed by the State Treasurer, a report of the total Second Injury Fund surcharge base collected in the preceding calendar year and a report of the projected total Second Injury Fund surcharge base for the current calendar year.
286 benefits due injured employees whose employers or insurance carriers have failed to pay the compensation, and medical expenses required by this chapter, or any other compensation payable from the fund as may be required by any provision contained in this chapter or any other statute and to reimburse employers or insurance carriers for payments made under subsection (b) of section 31-307a.
The fund shall be used to provide the benefits set forth in section 31-306 for adjustments in the compensation rate and payment of certain death benefits, in section 31- 307b for adjustments where there are relapses after a return to work, in section 31-307c for totally disabled persons injured prior to October 1, 1953, in section 31-349, as amended by this act, for disabled or handicapped employees and in section 31-355 for the payment of benefits due injured employees whose employers or insurance carriers have failed to pay the compensation, and medical expenses required by this chapter, or any other compensation payable from the fund as may be required by any provision contained in this chapter or any other statute and to reimburse employers or insurance carriers for payments made under subsection (b) of section 31-307a.
(a) Whenever the Second Injury Fund is required, pursuant to section 31-355, [or subsection (c) of section 31-349,] to pay benefits or compensation mandated by the provisions of this chapter for any employer or insurer who fails or is unable to make such payments, the amount so paid by the fund shall be collectible by any means provided by law for the collection of any tax due the state of Connecticut or any subdivision thereof, including any means provided by section 12-35.
Public Act No.
21-18 9 of 10 Senate Bill No.
907 (a) Whenever the Second Injury Fund is required, pursuant to section 31-355, [or subsection (c) of section 31-349,] to pay benefits or compensation mandated by the provisions of this chapter for any employer or insurer who fails or is unable to make such payments, the amount so paid by the fund shall be collectible by any means provided by law for the collection of any tax due the state of Connecticut or any subdivision thereof, including any means provided by section 12-35.
(Effective October 1, 2021) This act shall take effect as follows and shall amend the following sections:
(Effective October 1, 2021) Approved May 26, 2021 Public Act No.
SB907 / File No.
21-18 10 of 10
286 9 SB907 File No.
286 Section 1 October 1, 2021 New section Sec.
2 October 1, 2021 31-280a(c) Sec.
3 October 1, 2021 31-283f(a) Sec.
4 October 1, 2021 31-298 Sec.
5 October 1, 2021 31-349 Sec.
6 October 1, 2021 31-354(a) Sec.
7 October 1, 2021 31-355a(a) Sec.
8 October 1, 2021 Repealer section LAB Joint Favorable SB907 / File No.
286 10 SB907 File No.
286 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
None Explanation This bill makes technical and conforming changes to the Workers' Compensation Act that have no fiscal impact to the Workers' Compensation Commission.
The Out Years State Impact:
None Municipal Impact:
None SB907 / File No.
286 11 SB907 File No.
286 OLR Bill Analysis SB 907 AN ACT CONCERNING MINOR AND TECHNICAL CHANGES TO THE WORKERS' COMPENSATION ACT.
SUMMARY This bill makes various minor and technical changes to the workers’ compensation statutes.
It:
1.
retitles the workers’ compensation commissioners as “administrative law judges” in current statutes and in any public acts from the 2021 legislative session (§ 1);
2.
reduces the frequency with which the workers’ compensation commission’s advisory board must meet from twice to once each quarter (among other things, the board helps evaluate the performance of compensation commissioners and advises on the physicians available to examine injured workers (CGS § 31-280)) (§ 2);
3.
eliminates a requirement for the commission’s statistical division to be administered by a full-time, salaried director appointed by the Workers’ Compensation Commission’s chairperson (§ 3);
4.
eliminates a requirement that the audio recordings of formal hearings provided to parties be on cassette (§ 4);
5.
eliminates obsolete provisions regarding (a) the transfer of certain cases to the Second Injury Fund (which has not been allowed since 1995) (§§ 5-7);
(b) a medical panel of occupational lung disease physicians (which has not met since the 1980s) (§ 8);
and (c) the destruction of old workers’ compensation agreements filed in Superior Court (which has been obsolete since the creation of the Compensation Review Division in 1980 and the SB907 / File No.
286 12 SB907 File No.
286 subsequent Compensation Review Board) (§ 8);
6.
eliminates a provision that currently places the Workers’ Compensation Commission within the Department of Labor for administrative purposes only (§ 8);
and 7.
makes technical and conforming changes.
EFFECTIVE DATE:
October 1, 2021 COMMITTEE ACTION Labor and Public Employees Committee Joint Favorable Yea 13 Nay 0 (03/18/2021) SB907 / File No.
286 13
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 21-18

  5. IN CONCURRENCE

  6. HOUSE PASSED

  7. HOUSE CALENDAR NUMBER 497

  8. FAV. RPT., TABLED FOR HOUSE CALENDAR

  9. ON CONSENT CALENDAR

  10. SENATE PASSED

  11. FILE NO. 286

  12. SENATE CALENDAR NUMBER 194

  13. FAV. RPT., TAB. FOR CAL., SEN.

  14. RPTD. OUT OF LCO

  15. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/06/21

  16. FILED WITH LCO

  17. Joint Favorable

  18. PUBLIC HEARING 0304

  19. REF. TO JOINT COMM. ON Labor and Public Employees

Sponsors

  • Labor And Public Employees Committee · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 186 not signed on

Sponsors (1)

  • Labor And Public Employees Committee

Co-sponsors (0)

None.

Not signed on (186)

186 members have not signed on to this bill.

Show all 186 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 907?
SB 907 is sponsored by Labor And Public Employees Committee.
What is the current status of SB 907?
This bill has been enacted into law. Introduced February 18, 2021. Enacted.
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