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Bell v. Thomas Lombardo & Charles Holt d/b/a N&E Private Investigation & Security, 4065 CRB-2-99-6; 4152 CRB-2-99-11 (November 27, 2000).
See, Bell, § 31-278.
DiBello v. Barnes Page Wire Products, 3970 CRB-7-99-2 (March 2, 2000), aff’d, 67 Conn. App. 361 (2001).
Employer sought to assign liability to any of three different insurers. NCCI records showed no insurance in effect on 8/10/93 date of injury. First insurer, which covered employer through 2/26/93, was not required to file a notice of cancellation with NCCI in order for coverage to terminate on expiration date of the policy. Notice of nonrenewal, whether ambiguous or not, had no effect under § 31-348; cancellation requirement is only implicated where commission has reason to believe that a policy continues to be in effect. Finding of no coverage affirmed. Second insurer had not issued policy, but its agent had potentially defrauded employer out of its annual premium while providing employer with false certificates of insurance that listed second insurer as the carrier. CRB remanded for determination of whether insurer was bound to provide coverage due to agent’s conduct. See, DiBello, § 31-278. Third insurer’s policy took effect four days after injury. Filing of Form 43 by insurer that failed to mention lack of coverage as a defense did not prevent insurer from raising the issue later. Finding of no coverage affirmed. See, DiBello, § 31-294c. See also, DiBello, § 31-301. Appeal procedure, § 31-301-9.
Dengler v. Special Attention Health Services, 3780 CRB-3-98-2 (June 15, 1999), aff’d, 62 Conn. App. 440 (2001).
Insurer sent notice to employer and this Commission stating that employer’s policy would be canceled in 30 days if payment of past due premiums was not made. Trier correctly ruled that this did not constitute a cancellation notice under § 31-348, as it did not unequivocally state that coverage would terminate on a specific date. See also, Dengler, § 31-301. Factual findings, § 31-307.
Thibodeau v. Rizzitelli, 3373 CRB-4-96-7 (October 14, 1997).
Trial commissioner had authority to consider testimony of insurer’s underwriting manager regarding the meaning of magnetic tapes sent to NCCI pursuant to § 31-348 policy coverage reporting requirements. Magnetic tapes showed that policy, originally canceled in May 1994, had been reinstated and then canceled again on August 2, 1994. Insurer’s representative testified that the reinstatement in its computer system was done solely so maintenance could be performed on the policy (agent’s commission adjustment), and not to reinstate coverage itself. Since this was relevant to whether coverage existed in the first place, commissioner had the authority to consider such evidence. See also, Thibodeau, § 31-301-9. Additional evidence.
Stickney v. Sunlight Construction, Inc., 3205 CRB-6-95-11 (April 25, 1997), rev’d, 48 Conn. App. 609 (1998), aff’d, 248 Conn. 754 (1999).
See, Stickney, § 31-315.
Bruce v. Bert Miller Associates, 15 Conn. Workers’ Comp. Rev. Op. 47, 1872 CRB-1-93-10 (December 1, 1995).
Insurance company mistakenly administered claim where effective date of policy was five days after injury occurred; insurance agent’s actions led employer to believe he was insured prior to date of injury. Commissioner found insurer’s failure to discern true date of injury was “tantamount to negligent mistake,” and Workers’ Compensation Act provided no authority to order Second Injury Fund to reimburse insurer for payments. Held, trial commissioner had jurisdiction to find insurance policy was not in effect at time of injury, and properly took into account circumstances surrounding issuance of the policy and insurer’s investigation of the claim. Evidence supported findings of commissioner, which did not include a finding of actual negligence by the insurer. (Santos, C., concurring) Trial commissioner did not have jurisdiction to consider claim for reimbursement.
Stickney v. Sunlight Construction Co., 12 Conn. Workers’ Comp. Rev. Op. 364, 1738 CRB-6-93-5 (August 2, 1994), rev’d, 48 Conn. App. 609 (1998), aff’d, 248 Conn. 754 (1999).
See, Stickney, § 31-278 and § 31-315. See also, Stickney, 3205 CRB-6-95-11 (April 25, 1997), § 31-315 and this section.
Vernon v. V.J.R. Builders, Inc., 11 Conn. Workers’ Comp. Rev. Op. 237, 1360 CRD-7-91-12 (November 8, 1993).
Reversed and remanded. CRB held trier erred in limiting his consideration of whether respondent employer had in existence a workers’ compensation policy at the time of claimant’s injury to the insurance records on file at the workers’ compensation commission’s central office. Trier must consider other evidence proffered.
O’Connell v. Indian Neck General Store, 6 Conn. Workers’ Comp. Rev. Op. 42, 530 CRD-3-86 (October 6, 1988).
Trial commissioner has jurisdiction to determine if a contract of workers’ compensation insurance existed at the time of injury.
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