CRB Case Annotations re: Section 31-306

CRB affirmed trier’s ruling that Second Injury Fund is required to reimburse respondents for all COLAs paid to claimants/dependents on account of decedent’s March 23, 1997 injury. Board relied on its analysis of the companion COLA-restoration provision of § 31-307a(c) discussed in Fiorillo v. Bridgeport, 4337 CRB-4-01-1 (Nov. 19, 2001).

Board affirmed the trial commissioner’s determination that the claimant widow failed to file timely notice of her claim for widow’s benefits as required by § 31-294c. Board explained that a claim under § 31-306 requires a separate notice from the original notice of claim for the spouse’s injury. See Kuehl, § 31-294c.

CRB affirmed trier’s ruling that surviving spouse who was not yet acquainted with decedent at time of his compensable injury was not entitled to dependent’s benefits under § 31-306 when he died years later from the effects of that injury.

See, Collins, § 31-308(b).

See, Tardy, § 31-294c.

See, Lesco, § 31-293.

CRB affirmed trial commissioner’s ruling that a survivor collecting dependent death benefits under § 31-306 is entitled to continued health insurance coverage under § 31-284b. Dispositive factor was intent behind § 31-284b, which is to maintain the income of employees who suffer work-related injuries, and the fact that dependents are also implicated as intended beneficiaries of § 31-284b. (Frankl. C., dissenting) Humanitarian purpose of Workers’ Compensation Act does not permit intentionally distorted readings of statute; benefits under § 31-306 are expressly set forth, and do not include § 31-284b coverage. See also, Sansone, § 31-298; cited at Sansone, § 31-284b.

Trier correctly ruled that the COLA calculation formula set forth in Gil v. Courthouse One, 239 Conn. 676 (1997), applies to a widow who was entitled to the maximum compensation rate on account of the decedent’s 1983 injury, through the July 1, 1998 effective date of Public Act 98-104.

See, Harbec, § 31-296.

Decedent developed mesothelioma in 1992, died in 1994. Dependent husband began receiving benefits, along with COLAs, in 1994 per trier’s order. Respondents argued that dependent spouse’s claim was separate, and that date of death should control entitlement to COLAs. CRB affirmed; statute specifically states that dependents receiving compensation based on “death arising from a compensable injury occurring on or after October 1, 1977, and before July 1, 1993” are entitled to COLAs. Language not ambiguous. Further, date of injury rule still functions as presumption of legislative intent within workers’ compensation context.

Claimant had burden of proving she was a surviving dependent of decedent, but failed to offer direct proof of that fact. She failed to refute a notation on doctor’s report stating that decedent lived alone and had separated from his wife. Although relatively weak evidence, trier was entitled to give it weight. See also, Krampetz, § 31-296.

Duni v. UTC/Pratt & Whitney, 14 Conn. Workers’ Comp. Rev. Op. 137, 2052 CRB-1-94-5 (June 12, 1995), aff’d, 239 Conn. 19 (1996).

Stipulation provided for full settlement of “all claims due or to become due at any time in favor of anybody” arising out of decedent spouse’s injuries; wife not party to settlement. Held, dependent death claim emanates from same injury that caused death despite difference in class of compensation awarded to dependents. Thus, such a claim can be terminated by settlement. Without a showing of fraud by parties to stipulation, or further exposure to asbestos after date of settlement agreement, said agreement bars § 31-306 claim here.

Second Injury Fund not required under § 31-306(a)(2) to pay COLAs where injury occurred in 1989. Appellate Court reversed, as failure of decedent to earn any wages during the 26 weeks prior to his incapacity meant that he had no average weekly wage, and therefore dependent spouse was not entitled to benefits. Reversed by Supreme Court, which held that wage calculation should be based upon § 31-310c [Rev. to 1991], as that statute was intended by legislature to clarify a related statute. See also, Green, § 31-309, and § 31-310.

Conroy v. Keri Corporation, 12 Conn. Workers’ Comp. Rev. Op. 321, 1534 CRB-3-92-10 (July 5, 1994).

Decedent’s disabled son entitled to benefits as trier found son a presumptive dependent. See also, Conroy, § 31-275(1) and § 31-301. Factual findings.

Davis v. Norwich, 12 Conn. Workers’ Comp. Rev. Op. 272, 1563 CRB-2-92-11 (June 2, 1994), aff’d, 232 Conn. 311 (1995).

See, Davis, § 31-349.

Wannagot v. Shelton, 12 Conn. Workers’ Comp. Rev. Op. 256, 1512 CRB-4-92-9 (June 2, 1994), aff’d, 38 Conn. App. 754 (1995), cert. denied, 235 Conn. 919, 920 (1995).

Trier properly determined that claimant widow had been overpaid compensation benefits where benefits were paid at the maximum weekly compensation rate. § 7-314a sets the average weekly earnings of the decedent as the average weekly earnings of production workers. Claimant widow was entitled to sixty six and two thirds percent of the average production wage in effect on the date of her husband’s heart attack which caused his death.

LaChance v. United Technologies Corp./Pratt & Whitney Division, 12 Conn. Workers’ Comp. Rev. Op. 53, 1345 CRD-1-91-11 (January 27, 1994).

Where decedent’s right to specific payments becomes vested during his lifetime, that portion of specific award allocable to the time period after death is payable to dependents or decedent’s estate. CRB held trier erred in finding decedent’s daughter the sole presumptive dependent as she was married, 25 years of age and no longer dependent on her father at the time of his death. CRB therefore modified trier’s decision to require vested unpaid specific to be paid to decedent’s estate.

McNulty v. Stamford, 12 Conn. Workers’ Comp. Rev. Op. 32, 1332 CRD-7-91-10 (January 26, 1994), rev’d, 37 Conn. App. 835 (1995).

CRB reversed trier’s finding that dependent widow was only entitled to cost of living adjustments from the date of decedent’s death. CRB held dependent widow is entitled to cost of living adjustments from the date of decedent’s injury/disease. Further, based on the amendments of § 31-306 as provided in P.A. 92-31 the waiting period provided in § 31-306(1) as it existed at the time of decedent’s injury is inapplicable and the claimant is entitled to the four thousand dollar burial expense. Trier’s finding that claimant was to reimburse the employer for the payment of four thousand dollars reversed. See also, McNulty, § 31-301. Appeal procedure, § 31-301-9. Additional evidence, § 7-433c (where appellate court reversed CRB and held that the second injury fund was not liable to municipalities for payments pursuant to § 7-433c).

Bush v. Quality Bakers of America, 12 Conn. Workers’ Comp. Rev. Op. 24, 1412 CRB-7-92-4 (January 13, 1994).

Retroactive reimbursement through the second injury fund authorized by § 31-306(b) inapplicable where dependent widow was entitled to and received benefits immediately following spouse’s death as injury and death occurred on the same day.

Capen v. General Dynamics Corporation/Electric Boat Division, 11 Conn. Workers’ Comp. Rev. Op. 326, 1394 CRB-2-92-3 (December 30, 1993), aff’d, 38 Conn. App. 73 (1995).

See, Capen, § 31-294c, § 31-299b.

Deremer v. General Dynamics Corporation/Electric Boat Division, 11 Conn. Workers’ Comp. Rev. Op. 317, 1375 CRB-2-92-1 (December 23, 1993).

maximum compensation rate received by dependent widow is the rate in effect on the date of decedent’s first incapacity not the maximum in effect at the date of decedent’s last employment. See also, Deremer, § 31-309.

Maloney v. Russell Manufacturing Co., 11 Conn. Workers’ Comp. Rev. Op. 313, 1371 CRB-8-92-1 (December 23, 1993).

Trier’s finding that decedent’s wife was regularly receiving support thereby satisfying statutory requirements of § 31-306 will not be disturbed on appeal. See also, Maloney, § 31-307.

Dumont v. State/Southern Connecticut State University, 11 Conn. Workers’ Comp. Rev. Op. 122, 1320 CRD-3-91-10 (June 16, 1993).

Trier’s award to dependent widow for benefits pursuant to § 31-306 affirmed. Trier found based on medical evidence, that decedent, a French professor, who while leading a study tour in Europe, suffered a fatal heart attack caused by stress and physical activity. Trier’s conclusion that decedent’s death arose out of and in the course of employment will not be disturbed as medical testimony refers to the standard of reasonable medical probability. See also, Dumont, § 31-275(1) and § 31-301c(b).

Daly v. Sikorsky Aircraft/UTC, 10 Conn. Workers’ Comp. Rev. Op. 47, 1104 CRD-4-90-9 (January 29, 1992).

Benefits to surviving dependent children are governed by the law as it existed at the time of injury. § 31-306 did not provide for benefits to dependent children after reaching eighteen at the time of decedent’s injury. Therefore, the CRB affirmed trier’s ruling dismissing claimant’s claim for continued benefits until age twenty-two.

Mancini v. A. Laugeni & Son, Inc., 9 Conn. Workers’ Comp. Rev. Op. 45, 739 CRD-5-88-6 (February 4, 1991).

Factual finding claimant is a dependent in fact will not be disturbed on appeal where evidence supports trier’s conclusion. See also, Mancini, § 31-301. Appeal procedure.

McCurdy v. State, 9 Conn. Workers’ Comp. Rev. Op. 22, 887 CRD-4-89-6 (January 10, 1991), aff’d, 26 Conn. App. 466 (1992), rev’d, 227 Conn. 261 (1993).

Trier’s finding that widow was neither a presumptive dependent or a dependent in fact was a factual finding which will not be disturbed on appeal. Supreme Court reversed CRB and held that the estate was entitled to the payment of specific benefits although at the time of decedent’s death, due to unrelated causes, he was receiving temporary total benefits. See also, McCurdy, § 31-295, § 31-308(b).

Ancona v. Norwalk, 8 Conn. Workers’ Comp. Rev. Op. 49, 810 CRD-7-89-1 (February 26, 1990), aff’d, 217 Conn. 50 (1991).

See, Kachaluba v. Greenwich, 8 Conn. Workers’ Comp. Rev. Op. 46, 766 CRD-7-88-9 (February 26, 1990), aff’d, 217 Conn. 50 (1991).

Kachaluba v. Greenwich, 8 Conn. Workers’ Comp. Rev. Op. 46, 766 CRD-7-88-9 (February 26, 1990), aff’d, 217 Conn. 50 (1991).

Survivor’s benefits pursuant to § 31-306 and balance of decedent’s § 31-308(d) permanent partial award cannot be paid concurrently. Rossomondo v. Ridgewood Nurseries, 7 Conn. Workers’ Comp. Rev. Op. 89, 846 CRD-3-89-4 (October 3, 1989). Spousal benefits calculated from date of injury not date of death. See also, Rossomondo, § 31-349.

Simpson v. Northeast Utilities, 5 Conn. Workers’ Comp. Rev. Op. 135, 510 CRD-2-86 (July 12, 1988).

Trial commissioner’s finding that claimant did not receive regular support from estranged husband was a factual finding which would not be disturbed on appeal.

Maher v. State, 5 Conn. Workers’ Comp. Rev. Op. 19, 374 CRD-4-85 (March 24, 1988).

Claim not time barred as it was the claim of the dependent widow and not of deceased employee.

Brown v. Charles of Vienna, Inc., 4 Conn. Workers’ Comp. Rev. Op. 152, 462 CRD-2-86 (February 16, 1988).

Appeal dismissed for failure to prosecute.

Iacomacci v. Trumbull, 4 Conn. Workers’ Comp. Rev. Op. 126, 351 CRD-4-84 (November 19, 1987), no error, 209 Conn. 219 (1988).

Amendment of § 31-306(i) eliminating waiting period for widowed benefits could not be applied retroactively.

Collier v. Milford, 3 Conn. Workers’ Comp. Rev. Op. 121, 261 CRD-3-83 (December 23, 1986), no error, 206 Conn. 242 (1988).

Although claimant and decedent made annual trips to states that recognize common law marriage, their relationship was contracted in Connecticut, the state of their domicile which does not recognize common law marriages. No benefits awarded.

CRB Case Annotations re: Section 31-306

Dependents’ compensation.