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Ruffino v. Middletown, 4508 CRB-8-02-3 (March 12, 2003).
See, Ruffino, § 7-433c.
Melendez v. Valley Metallurgical¸ 4178 CRB-2-00-1 (May 1, 2001), appeal dismissed, A.C. 23921 (May 14, 2003), cert. denied, 266 Conn. 904 (2003).
Section 31-303 did not apply to unduly delayed adjustment of benefits where there was no award, stipulation or voluntary agreement specifically requiring payment of such enumerated sums. See, Melendez, § 31-278, § 31-298, § 31-300, and see May 24, 2001 ruling on motion to correct/articulate CRB decision in Melendez, § 31-301. Appeal procedure.
Schiano v. Bliss Exterminating Co., 4104 CRB-4-99-8 (February 21, 2001), rev’d, 260 Conn. 21 (2002).
Where original award ordered not only disability benefits for claimant, but interest and attorney’s fees as well based on undue delay in payment of compensation, CRB reversed trial commissioner’s ruling that penalty provision of § 31-303 did not apply to the portion of the award attributable to attorney’s fees and interest. Statute does not purport to distinguish between disability payments due to claimant and payments awarded to others to whom fees are due for services provided to claimant, though panel questioned wisdom of such broad statutory language. Supreme Court reversed CRB’s decision, holding that, despite plain language of § 31-303, its legislative history and other provisions of Act provide compelling evidence that legislature did not intend attorney’s fees to be subject to § 31-303 penalty. See also Schiano, § 31-278, § 31-300. Prior decisions at Schiano, 3436 CRB-4-96-10 (April 8, 1998), and Schiano, 1852 CRB-4-93-9 (Dec. 7, 1994), aff’d, 57 Conn. App. 406 (2000), both discussed at § 31-293 and, with regard to the 1994 CRB decision, § 31-301 Appeal procedure as well, and Schiano, 3315 CRB-4-96-4 (May 16, 1997), § 31-301 Appeal procedure.
Borici v. State/Southbury Training School, 3718 CRB-6-97-11 (January 14, 2000).
CRB affirmed trial commissioner’s award of a twenty percent penalty. Respondent argued that § 31-303 does not apply to a stipulation for a full and final settlement because § 31-303 refers only to a voluntary agreement or an award. This issue has recently been considered in Davis v. Forman School, 54 Conn. App. 841 (1999), where the Appellate Court held that § 31-303 applies to stipulations. Whether the claimant was prejudiced due to the late payment is not material. See also, Borici, § 31-297.
Waheed v. State/Dept. of Education, 3801 CRB-2-98-4 (January 13, 2000).
CRB affirmed trial commissioner’s award of a twenty percent penalty. Respondent argued that § 31-303 does not apply to a stipulation for a full and final settlement because § 31-303 refers only to a voluntary agreement or an award. This issue has recently been considered in Davis v. Forman School, 54 Conn. App. 841 (1999), where the Appellate Court held that § 31-303 applies to stipulations.
Casey v. Northeast Utilities, 3191 CRB-6-95-10 (June 17, 1998), aff’d, 249 Conn. 365 (1999).
CRB held that the trial commissioner properly issued a penalty against the Fund for failure to pay an award within ten days, as it would be unreasonable to construe the penalty provision of § 31-303 as applying only to employers and insurers. (Wilson, C., dissenting) The twenty percent penalty under § 31-303 for failure to make payments within ten days applies only to an employer or its insurer and does not apply to the Fund.
Davis v. The Forman School, 3026 CRB-5-95-3 (January 30, 1998), aff’d, 54 Conn. App. 841 (1999).
The trial commissioner assessed a five thousand dollar penalty against the insurer for its failure to pay an approved stipulation within ten days, pursuant to P.A. 93-228, § 14, which amended § 31-303 to allow for the imposition of a fine for failure to make payments within ten days following a voluntary agreement or award. The insurer contended that P.A. 93-228, § 14 may not be applied retroactively and that the provision does not apply to stipulations. The CRB affirmed the trial commissioner’s decision, and held that P.A. 93-228, § 14 applies to stipulations which are approved on or after July 1, 1993, the effective date of the legislation. (Wilson, C., dissenting) The penalty provision applies only to a voluntary agreement or an award, but does not apply to a stipulation.
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