State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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CRB Case Annotations re: Section 31-284(b)

Self-insurance.

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THESE ANNOTATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY

Full texts of opinions, statutes and court decisions should be consulted and all citations and references fully researched by the reader.

The Annotations to Compensation Review Board Opinions are presented “as is” and the Commission makes no warranties as to the suitability of this information for any given purpose.
Please note also that Annotations change periodically due to several factors including, but not limited to, Appellate and Supreme Court decisions issued in workers’ compensation cases.

Audi v. Blakeslee Arpaia Chapman, 4624 CRB-3-03-12, 4311 CRB-3-00-10 (February 10, 2004).

Trial commissioner did not have authority to levy sanctions and penalties under § 31-288 and § 31-300 against third-party administrator rather than self-insured employer, even though culpable conduct was that of administrator’s employee. Self-insured employer has special duty to ensure injured workers are properly compensated. Independent contract with claims administrator to manage cases does not relieve self-insured employer of accountability for undue delay in payment of claims. Privilege to self-insure brings with it responsibility to properly compensate employees. If employer believes administrator should be liable for damages caused by breach of contract, claim must be brought via civil suit. See also, Audi, § 31-278, § 31-288, § 31-300. See prior decision Audi, 3418 CRB-3-96-9 (August 4, 1997), § 31-349 and Audi, 4151 CRB-3-99-11, 4234 CRB 3-00-5 (June 26, 2001), § 31-296, § 31-298, § 31-301-9, § 31-307, § 31-315.

Anderson v. Colt Manufacturing Co., Inc., 14 Conn. Workers’ Comp. Rev. Op. 240, 1930 CRB-1-93-12 (August 15, 1995).

Self-insured Coltec sold Firearms Division, which subsequently became Colt’s; Colt’s agreed to assume administration of Coltec workers’ compensation claims. Colt’s (not self-insured) subsequently went bankrupt; Coltec argued that liability for claims had been validly transferred to Colt’s, and should now pass to Second Injury Fund in light of bankruptcy. Coltec also made estoppel argument based on involvement of state Treasurer in purchase of Firearms Division. Held: self-insureds cannot permanently relieve themselves of liability for existing claims. Commission does not take self-insurance privilege lightly, and safeguards regarding financial security of self-insureds would be compromised if transfers of liability were allowed. Although contract may be valid as between Coltec and Colt’s, Coltec is not completely exonerated from liability under these circumstances. Other arguments of Coltec regarding estoppel, bankruptcy are moot.

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State of Connecticut

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Page last revised: December 17, 2013

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State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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