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

Continued insurance benefits.

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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.

NOTE: On April 27, 1993 the Connecticut Supreme Court ruled in Luis v. Frito-Lay, Inc., et al; Almeida v. Frito-Lay, Inc., et al; Turcotte v. Frito-Lay, Inc., et al., No. SC 14536 that § 31-284b was preempted by ERISA pursuant to District of Columbia v. Greater Washington Board of Trade, 506 U.S. 125, 113 S.Ct. 580, 121 L.Ed.2d 513 (1992).

Peltier v. Town of Avon, 5742 CRB-6-12-4 (March 20, 2013).

Claimant had accepted § 7-433c C.G.S. claim, retired, and received indemnity award for permanent partial disability. Claimant then sought reimbursement for insurance premiums paid, arguing § 31-284b C.G.S. mandated his insurance coverage at time of injury be maintained during this time period. Trial commissioner agreed and issued award, respondent appealed asserting claimant received windfall as he had not lost time from work. CRB affirmed award, result consistent with Kelly v. Bridgeport, 61 Conn. App. 9 (2000) and Auger v. Stratford, 64 Conn. App. 75 (2001).

Ferrara v. New Haven, 5107 CRB-3-06-6 (July 30, 2008).

Section 1-2z “plain meaning rule” did not permit § 31-284b continuation of group health to be construed as a benefit to a dependent spouse under § 31-306. CRB applied holding of Vincent v. New Haven, 285 Conn. 778 (2008). See also, Ferrara, § 31-306.

Lavery v. Newington, 5165 CRB-6-06-11 (April 3, 2008).

Remanded pursuant to Supreme Court’s directive in Vincent v. New Haven, 285 Conn. 778 (2008).

Vincent v. New Haven, 4919 CRB-3-05-1 (January 13, 2006).

See, Vincent, § 31-306 (addition of § 1-2z “plain meaning rule” to General Statutes did not require exclusion of § 31-284b benefits from dependents’ compensation).

Scott v. Bridgeport, 4637 CRB-4-03-2 (February 24, 2004).

CRB remanded award of out of pocket medical expenses for further proceedings regarding adequateness of award. See also, Scott § 31-294c.

Weymouth v. East Windsor-Police Department, 4550 CRB-1-02-7 (April 3, 2003).

See, Weymouth, § 31-306 (survivors’ benefits include entitlement to continued health insurance under § 31-284b).

Krajewski v. Atlantic Machine Tool Works, Inc., 4500 CRB-6-02-3 (March 7, 2003).

Statute inapplicable to claimant who worked for private employer, and who sought reimbursement for premiums paid by his wife. See, Krajewski, § 31-278, § 31-290a, § 31-301. Appeal procedure, § 31-301. Factual findings, § 31-301-9, § 31-312, § 31-313, § 31-315; prior decisions at Krajewski, 15 Conn. Workers’ Comp. Rev. Op. 44, 2120 CRB-6-94-8 (November 28, 1995), § 31-308a; Krajewski, 11 Conn. Workers’ Comp. Rev. Op. 54, 1387 CRD-6-92-2 (April 1, 1993), § 31-290a.

Wilson v. Stamford, 4506 CRB-7-02-3 (March 5, 2003), aff’d, 81 Conn. App. 339 (2004), cert. denied, 268 Conn. 918 (2004).

CRB reversed the trial commissioner’s award of benefits pursuant to § 31-284b during period claimant was receiving medical treatment. CRB relied on its prior opinion in Graham v. State/Univ. of Conn. Health Center, 4418 CRB-6-01-7 (July 23, 2002) in which it held that § 31-284b benefits need only be paid during eligibility for indemnity benefits. Prior decision at Wilson, 3268 CRB-7-96-2 (November 7, 1997).

Graham v. State/Univ. of Conn. Health Center, 4418 CRB-6-01-7 (July 23, 2002).

Trier ruled that claimant who was injured in 1993 was entitled to continuing insurance benefits as long as he was receiving medical treatment for compensable wrist injury, despite no longer being entitled to weekly compensation benefits, based on definition of “compensation” in § 31-275(4). CRB reversed. In light of Appellate Court decisions in Kelly v. Bridgeport, 61 Conn. App. 9 (2000), cert. denied, 255 Conn. 933 (2001), and Auger v. Stratford, 64 Conn. App. 75 (2001), along with legislative history indicating that Public Act 91-32 was not intended to affect substantive law, board ruled that insurance coverage need only be continued during the period of time that a claimant is eligible to receive weekly compensation benefits.

Auger v. Stratford, 3944 CRB-4-98-12 (January 14, 2000), rev’d, 64 Conn. App. 75 (2001).

Claimant suffered 1990 compensable injury which was accepted by voluntary agreement. Specific award paid. Claimant was then awarded disability pension as a result of his injury and his inability to continue performing job as police officer. Respondent, which had been providing insurance under § 31-284b, unilaterally discontinued claimant’s dental insurance, and began deducting health insurance premiums from his pension checks. Commissioner ruled that, as claimant’s case remains open and active, he remains eligible to receive workers’ compensation benefits, and thus remains entitled to § 31-284b coverage. CRB affirmed. Though trier misconstrued the law by suggesting that it was unnecessary to decide whether claimant continued to receive medical care, respondent never filed a Form 36 to discontinue claimant’s insurance benefits as required by § 31-296. Thus, trier correctly ruled that claimant was entitled to coverage through the formal hearing date. (Frankl, C., DISSENTING) Trier should have made factual findings regarding continued receipt of medical care. Form 36 procedure irrelevant in this case; matter should be remanded. Appellate Court followed its recent decision in Kelly v. Bridgeport, 61 Conn. App. 9 (2000), and ruled that “compensation payments” as used in § 31-284b(a) does not include payments for medical care. See also, Auger, § 31-300, § 7-433c, § 31-296 Voluntary agreements (discontinuance of payments).

Pascarelli v. Moliterno Stone Sales, 3925 CRB-4-98-11 (December 22, 1999).

Trier properly declined to award claimant § 31-284b benefits for retroactive period between date of injury and date of Supreme Court decision preempting statute’s application to private employers. Law was essentially declared void ab initio by Court, and cannot be used as basis for an award even if claimant would have (incorrectly) received benefits prior to the Supreme Court’s decision had his claim been administered without delay. Application of law to pension benefit and health insurance plans precluded. See also, Pascarelli, § 31-278, § 31-287. Prior decision at Pascarelli, 14 Conn. Workers’ Comp. Rev. Op. 328, 2115 CRB-4-94-8 (September 15, 1995), aff’d, 44 Conn. App. 397, 400 (1997), cited at § 31-287, § 31-310.

Bailey v. State/Greater Hartford Community College, 3922 CRB-2-98-10 (November 30, 1999), aff’d in part, rev’d in part, 65 Conn. App. 592 (2001).

See, Bailey, § 31-300, § 31-307, § 31-294d, § 31-301. Factual findings. Prior decisions at Bailey, 3694 CRB-1-97-9 (January 12, 1999), aff’d in part, rev’d in part, 65 Conn. App. 592 (2001), § 31-298, § 31-301. Appeal procedure; Bailey, 15 Conn. Workers’ Comp. Rev. Op. 433, 3152 CRB-5-95-8 (September 3, 1996), § 31-301, Appeal procedure, § 31-301, Factual findings.

Sansone v. Enfield, 3885 CRB-1-98-9 (November 18, 1999), appeal dismissed, A.C. 20303 (February 16, 2000).

See, Sansone, § 31-306 (discussing applicability of § 31-284b to survivors receiving § 31-306 benefits); See also, Sansone, § 31-298.

Kelly v. Bridgeport, 3761 CRB-4-98-1 (March 11, 1999), rev’d, 61 Conn. App. 9 (2000), cert. denied, 255 Conn. 933 (2001).

Claimant suffered myocardial infarction in 1991, and received weekly benefits as per § 7-433c through March 1995. Claimant took disability retirement effective on date of injury, and continues to have prescription medication and semi-annual doctor’s visits on account of heart condition paid by employer. Employer cancelled group health insurance in 1996, arguing that claimant no longer qualified under § 31-284b. Trial commissioner found that claimant was still receiving compensation benefits, and ordered respondent to reinstate insurance. CRB affirmed. Definition of “compensation payments” in § 31-284b includes medical benefits, based on definition of “compensation” in § 31-275(4), and fact that the taking of medication constitutes disability under § 7-433c for purpose of § 31-294c statute of limitations. Appellate Court reversed board on theory that definition of compensation in § 31-275(4) should not have been applied to this case, as at the time of the injury, said definition was located in § 31-293, and only applied to that particular statute. Court ruled that this case was controlled by Crocetto v. Lynn Development Corp., 223 Conn. 376 (1992). See also, Kelly, § 31-275(4), § 7-433c.

Zisk v. Consolidated School District/City of New Britain, 3705 CRB-6-97-10 (December 11, 1998).

CRB affirmed commissioner’s ruling that the employer was not entitled to reimbursement from the Second Injury Fund for any sums paid to the claimant under § 31-284b after July 1, 1995, the effective date of P.A. 95-277 § 3. (Miles, C., DISSENTING) For all the reasons stated in dissenting opinion in Badolato. See, Badolato v. New Britain, infra.

Badolato v. New Britain, 3704 CRB-6-97-10 (November 24, 1998), aff’d, 250 Conn. 753 (1999).

CRB affirmed commissioner’s ruling that the legislature’s repeal of § 31-349(e) in P.A. 95-277 § 3 repealed § 31-284b(d). Sec. 31-284b(d) permitted the Second Injury Fund’s reimbursement of employers for payment of a claimant’s group health, etc., benefits under § 31-284b. Section 31-349(e) (§ 31-349(b) at the time of claimant’s injury) was the statute enabling the Fund to reimburse employers for § 31-284b payments after a claimant was on temp. total for a period of 104 weeks and was the procedural mechanism for reimbursement from the Fund. CRB held that P.A. 95-277 § 3’s repeal of § 31-349(e) impliedly repealed the Fund’s obligation to reimburse employers and that the retrospective application of P.A. 95-277 § 3 was consistent with the intent of the legislature. (Miles, C., DISSENTING) Date of injury rule should be applied and thus, the Fund’s obligation to reimburse the employer should continue.

O’Neill v. Danbury, 3510 CRB-7-97-1 (March 31, 1998).

CRB affirmed commissioner’s ruling that claimant was only entitled to the amount of life insurance benefits that he was receiving on the date of his injury rather than the amount that police officers were currently receiving under the collective bargaining agreement. Date of injury controls the extent of a claimant’s benefits. Claimant’s potential entitlement to a greater amount of life insurance under his disability retirement pension is outside the jurisdiction of this Commission. See also, O’Neill, § 7-433c.

Luce v. UTC/Pratt & Whitney, 3080 CRB-1-95-6 (December 16, 1996), aff’d, 47 Conn. App. 909 (1997)(per curiam), aff’d, 247 Conn. 126 (1998).

See, Luce, § 31-310.

Distiso v. Southington, 16 Conn. Workers’ Comp. Rev. Op. 93, 3073 CRB-6-95-6 (November 13, 1996).

Trial commissioner held that the employer was required pursuant to § 31-284b to maintain continuing group health and life insurance for the claimant, a retired police officer, at the same amount and in the same manner as had been provided at the time of the injury. In support of its appeal, the employer contended that the employer should only be required to provide group health insurance coverage in an amount equivalent to that currently provided for active employees (employer had new policy requiring contribution from employees). CRB affirmed the trial commissioner’s decision.

Hodgkins v. Southington, 16 Conn. Workers’ Comp. Rev. Op. 96, 3074 CRB-6-95-5 (November 13, 1996).

Trial commissioner held that the employer was required pursuant to § 31-284b to maintain continuing group health and life insurance for the claimant, a retired fire fighter, at the same amount and in the same manner as had been provided at the time of the injury. In support of its appeal, the employer contended that the employer should only be required to provide group health insurance coverage in an amount equivalent to that currently provided for active employees (employer had new policy requiring contribution from employees). CRB affirmed the trial commissioner’s decision.

Rodriguez v. Devcon Enterprises, Inc., 15 Conn. Workers’ Comp. Rev. Op. 362, 2244 CRB-3-94-12 (June 28, 1996).

See, Rodriguez, § 31-310.

Shimko v. Ferro Corp., 13 Conn. Workers’ Comp. Rev. Op. 255, 1744 CRB-7-93-5 (April 18, 1995), rev’d, 40 Conn. App. 409 (1996).

Because claimant worked for private employer, statute would be unconstitutional if applied to this case under Luis v. Frito-Lay, Inc., Supreme Court, Docket No. SC 14536 (order, April 27, 1993). See, Civardi v. Norwich, 231 Conn. 287, 298-99 n.14 (1994). See also, Shimko, § 31-308(a).

Haugh v. Leake & Nelson, 12 Conn. Workers’ Comp. Rev. Op. 201, 1421 CRB-2-92-5 (March 15, 1994).

CRB lacks authority to modify trier’s order denying payment of annuity and pension plan contributions as § 31-284b is preempted by federal ERISA legislation. See also, Haugh, § 31-300, § 31-301. Appeal procedure and § 31-307.

Civardi v. Norwich, 12 Conn. Workers’ Comp. Rev. Op. 100, 1376 CRB-2-92-1 (February 28, 1994), aff’d, 231 Conn. 287 (1994).

Where claimant is a government employee, § 31-284b benefits are not pre-empted by ERISA. See also, Civardi, infra, and § 31-308a and § 31-349.

Civardi v. Norwich, 11 Conn. Workers’ Comp. Rev. Op. 103, 1376 CRB-2-92-1 (May 17, 1993).

CRB initially reversed trier’s award of § 31-284b benefits pursuant to Connecticut Supreme Court Order dated April 27, 1993, Luis v. Frito-Lay, Inc.; Almeida v. Frito-Lay, Inc.; Turcotte v. Frito-Lay, Inc., S.C. (14536). However, by Order issued May 20, 1993 the CRB vacated its May 17, 1993. Order and reinstated respondent’s appeal.

Arsenault v. General Dynamics Corporation/Electric Boat Division, 11 Conn. Workers’ Comp. Rev. Op. 92, 1579 CRB-2-92-12 (May 7, 1993).

See, Faria, infra.

Gramolini v. Ford, Bacon & Davis, 11 Conn. Workers’ Comp. Rev. Op. 91, 1552 CRB-3-92-11 (May 7, 1993).

See, Defrancesco, infra.

Stiwinter v. Wyre Wynd, Inc., 11 Conn. Workers’ Comp. Rev. Op. 90, 1547 CRB-2-92-10 (May 7, 1993).

See, Defrancesco, infra.

Dimitropolis v. Thomas O’Connor, 11 Conn. Workers’ Comp. Rev. Op. 89, 1525 CRB-1-92-9 (May 7, 1993).

See, Faria, infra.

Bolduc v. Willington Framer’s, 11 Conn. Workers’ Comp. Rev. Op. 88, 1494 CRB-2-92-8 (May 7, 1993).

See, Faria, infra.

Benoit v. Frito-Lay, Inc., 11 Conn. Workers’ Comp. Rev. Op. 87, 1473 CRB-2-92-7 (May 7, 1993).

See, Faria, infra.

Casolo v. Fairfield Electric, Inc., 11 Conn. Workers’ Comp. Rev. Op. 86, 1456 CRB-7-92-7 (May 7, 1993).

See, Defrancesco, infra.

Stanton v. Waterbury Hospital, 11 Conn. Workers’ Comp. Rev. Op. 85, 1409 CRB-5-92-4 (May 7, 1993).

See, Faria, infra.

Alves v. The Atlas Construction Company, 11 Conn. Workers’ Comp. Rev. Op. 84, 1402 CRB-7-92-4 (May 7, 1993).

See, Faria, infra.

Diaz v. Miller Stephenson Chemical Company, Inc., 11 Conn. Workers’ Comp. Rev. Op. 83, 1385 CRB-7-92-2 (May 7, 1993).

See, Defrancesco, infra.

Defrancesco v. Copes Rubbish Removal, Inc., 11 Conn. Workers’ Comp. Rev. Op. 82, 1356 CRD-5-91-12 (May 7, 1993).

Trier’s denial of § 31-284b benefits affirmed by CRB pursuant to April 27, 1993 Connecticut Supreme Court Order which held § 31-284b is preempted by ERISA. See, Faria, infra.

Porrello v. Hamden Salvage, Inc., 11 Conn. Workers’ Comp. Rev. Op. 81, 1314 CRD-3-91-10 (May 7, 1993).

See, Faria, infra.

Faria v. Frito-Lay, Inc., 11 Conn. Workers’ Comp. Rev. Op. 80, 1287 CRD-2-91-8 (May 7, 1993).

Trier’s award of § 31-284b benefits reversed and set aside pursuant to the April 27, 1993 Connecticut Supreme Court Order, Luis v. Frito-Lay, Inc.; Almeida v. Frito-Lay, Inc.; Turcotte v. Frito-Lay, Inc., S.C. 14536 and the U.S. Supreme Court decision District of Columbia v. Greater Washington Board of Trade, 506 U.S. 125,113 S.Ct. 580, 121 L. Ed2d 513 (1992). Connecticut Supreme Court held § 31-284b is preempted by ERISA.

Mulligan v. Uniroyal, Inc., 11 Conn. Workers’ Comp. Rev. Op. 73, 1200 CRD-5-91-3 (May 3, 1993).

See, Zullo v. Paul S. Yoney, Inc., 11 Conn. Workers’ Comp. Rev. Op. 71, 1234 CRD-7-91-5 (May 3, 1993) infra.

Kushi v. Tenax Corporation, 11 Conn. Workers’ Comp. Rev. Op. 72, 1295 CRD-7-91-9 (May 3, 1993).

Trier’s denial of § 31-284b benefits affirmed pursuant to April 27, 1993 Connecticut Supreme Court Order which held § 31-284b is preempted by ERISA.

Zullo v. Paul S. Yoney, Inc., 11 Conn. Workers’ Comp. Rev. Op. 71, 1234 CRD-7-91-5 (May 3, 1993).

CRB reversed and set aside seventh district award of § 31-284b benefits as Supreme Court in a April 27, 1993 Order, Luis v. Frito-Lay, Inc.; Almeida v. Frito-Lay, Inc.; Turcotte v. Frito-Lay, Inc., (SC 14536) ruled § 31-284b is preempted by ERISA pursuant to District of Columbia v. Greater Washington Board of Trade, 506 U.S. 125,113 S.Ct. 580, 121 L.Ed2d 513 (1992).

McCarty v. Consolidated Freightways, 10 Conn. Workers’ Comp. Rev. Op. 178, 1243 CRD-3-91-6 (September 18, 1992).

Claimant’s injury occurred prior to the effective date of § 31-284b. CRB previously held statute has no retroactive application. However, claimant contends employer must continue to pay into claimant’s welfare fund as claimant was not a member of a collective bargaining agreement and the dispositive case Stone & Webster Engineering Corp. v. Ilsley, 690 F.2d 323 (1982) was not applicable. CRB disagreed and affirmed trier’s finding and dismissal. Ilsley cannot be distinguished on the basis of non-membership in a labor union.

Battista v. New Haven Boys & Girls Club, 10 Conn. Workers’ Comp. Rev. Op. 138, 1184 CRD-3-91-2 (June 5, 1992).

Claimant claims entitlement to continuation of § 31-284b benefits as third party settlement created a contractual obligation. CRB affirmed trier’s ruling denying said claim as our jurisdiction is limited. Further, claimant’s injury occurred in 1978. Sec. 31-284b took effect in 1982. Employer had no obligation to continue group insurance coverage as § 31-51h, the statute in effect on the date of injury, was declared unconstitutional.

Barlow v. Charlotte Hungerford Hospital, 9 Conn. Workers’ Comp. Rev. Op. 274, 1076 CRD-5-90-7 (December 13, 1991).

Remanded as trier failed to give notice to respondent insurer of formal hearing below. Respondent’s participation essential as issue as to whether claimant is entitled to benefits pursuant to § 31-308a will determine whether employer must continue health coverage under § 31-284b. See also, Barlow, § 31-301. Appeal procedure.

McKenna v. Best Cleaners, 9 Conn. Workers’ Comp. Rev. Op. 247, 1012 CRD-6-90-5 (November 19, 1991).

Claimant’s failure to complete necessary health insurance forms according to time requirements set by respondents in order to continue health insurance coverage does not relieve employer of his statutory obligation. Remanded for determination on how trier arrived at amount of medical bills employer must pay as there was no evidentiary record for the CRD to review.

Smith v. General Dynamics Corporation/Electric Boat Division, 9 Conn. Workers’ Comp. Rev. Op. 210, 994 CRD-2-90-3 (September 13, 1991).

Remanded as trier failed to make specific findings as to whether claimant was eligible to receive benefits pursuant to chapter 568 while receiving U.S. Longshore benefits.

Crocetto v. Lynn Development Corporation, 9 Conn. Workers’ Comp. Rev. Op. 194, 979 CRD-5-90-2 (August 29, 1991), rev’d, further proceedings, 223 Conn. 376 (1992).

CRB held all chapter 568 benefits including § 31-283a vocational rehabilitation benefits are to be included in the § 31-284b formula “eligible to receive or is receiving workers’ compensation payments.” See, Shallcross v. New London, 8 Conn. Workers’ Comp. Rev. Op. 150, 935 CRD-2-89-10 (September 20, 1990); Felia v. Westport, 214 Conn. 181 (1990); Deschnow v. Stamford, 214 Conn. 394 (1990). Also, statute requires employer to continue health insurance for claimant’s family. See, Tufaro v. Pepperidge Farm, Inc., 24 Conn. App. 234 (1991). However, Supreme Court reversed, holding § 31-283a subsistence benefits did not satisfy statutory criteria as “workers’ compensation payments.”

Raccio v. Townsend Industries, 10 Conn. Workers’ Comp. Rev. Op. 12, 946 CRD-3-89-11 (April 16, 1991).

CRD remanded matter as statute in effect at time of claimant’s injury, i.e. § 31-51h, was declared unconstitutional; therefore trier lacked jurisdiction to order employer to continue paying medical insurance premiums even though stipulation language was unclear and § 31-284b was in effect at the time the stipulation was approved.

Leroux v. United Parcel Service, 9 Conn. Workers’ Comp. Rev. Op. 101, 937 CRD-7-89-11 (March 7, 1991).

Where claimant suffers a recurrence of a compensable injury during period when she is laid off employer is obligated to provide health benefits provided by statute as fixed at the time of claimant’s injury.

Griffin v. General Dynamics Corporation/Electric Boat Division, 8 Conn. Workers’ Comp. Rev. Op. 159, 868 CRD-2-89-5 (September 27, 1990).

Remanded to determine if claimant was receiving or was eligible to receive benefits under Connecticut law while receiving federal Longshore benefits.

French v. General Dynamics Corporation/Electric Boat Division, 8 Conn. Workers’ Comp. Rev. Op. 161, 869 CRD-2-89-5 (September 27, 1990).

Remanded to determine if claimant was eligible to receive benefits under Connecticut law while receiving federal Longshore benefits. If claimant is eligible to receive benefits under Connecticut law he is entitled to payment of health insurance pursuant to § 31-284b.

Shallcross v. New London, 8 Conn. Workers’ Comp. Rev. Op. 150, 935 CRD-2-89-10 (September 20, 1990).

Section 31-284b benefits payable under § 7-433c. See, Felia v. Westport, 7 Conn. Workers’ Comp. Rev. Op. 84, 703 CRD-4-88-3 (September 25, 1989), aff’d, 214 Conn. 181 (1990), and Deschnow v. Stamford, 7 Conn. Workers’ Comp. Rev. Op. 86, 706 CRD-7-88-3 (September 25, 1989), 214 Conn. 394 (1990), aff’d, 214 Conn. 394 (1990). Claimant entitled to same benefits as available under Chapter 568. See also, Shallcross, § 31-283a and § 31-308(c).

Hadjuk v. J.C. Penney Co., 8 Conn. Workers’ Comp. Rev. Op. 111, 818 CRD-1-89-2 (June 19, 1990).

Employer must continue health coverage benefits. Also, CRD lacks jurisdiction to decide constitutionality of § 31-284b. See, Ferrillo v. O & G Industries, Inc., 8 Conn. Workers’ Comp. Rev. Op. 44, 783 CRD-3-88-10 (February 21, 1990) and Tufaro v. Pepperidge Farms, Inc., 8 Conn. Workers’ Comp. Rev. Op. 103, 802 CRD-7-88-12 (May 25, 1990), aff’d, 24 Conn. App. 234 (1991).

Tufaro v. Pepperidge Farms, Inc., 8 Conn. Workers’ Comp. Rev. Op. 103, 802 CRD-7-88-12 (May 25, 1990), aff’d, 24 Conn. App. 234 (1991).

Section 31-284b requires that employer must maintain health and dental insurance coverage for not only employee but spouse and dependents of employee as well. Further the CRD lacks jurisdiction to decide constitutionality of § 31-284b.

Ferrillo v. O & G Industries, Inc., 8 Conn. Workers’ Comp. Rev. Op. 44, 783 CRD-3-88-10 (February 21, 1990).

See, Lustig v. C.N. Flagg Co., infra.

Gagnon v. Liberty Oil Equipment, 7 Conn. Workers’ Comp. Rev. Op. 81, 696 CRD-1-88-2 (September 15, 1989).

Employer obligated to provide employee with equivalent insurance coverage to that existing at the time of injury. When group carrier is changed and benefit package altered, coverage is no longer equivalent. Any disputes arising over interpreting the new group policy is a contractual question and not within our jurisdiction.

Lustig v. C.N. Flagg Co., 7 Conn. Workers’ Comp. Rev. Op. 38, 658 CRD-1-87 (July 25, 1989).

Section 31-284b was not preempted by ERISA. See also, Lustig, § 31-278. Commissioner does not have jurisdiction to decide constitutional issues.

Nazario v. Martec, Inc., 6 Conn. Workers’ Comp. Rev. Op. 33, 539 CRD-8-86 (September 29, 1988).

Statute will not be applied retroactively.

McGee v. General Electric Company, 5 Conn. Workers’ Comp. Rev. Op. 102, 490 CRD-4-86 (June 14, 1988).

See, Munroe v. Dunham-Bush, Inc., infra.

Munroe v. Dunham-Bush, Inc., 4 Conn. Workers’ Comp. Rev. Op. 123, 324 CRD-1-84 (November 19, 1987).

Statute not to be applied retroactively.

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