CRB Case Annotations re: Section 31-288

Respondents appealed from commissioner’s imposition of a fine pursuant to § 3 1-288(b)(2) for failure to appear at an informal hearing. Respondents argued that the hearing notice did not comply with § 31-297 as it did not provide 10 days notice. Also respondents claimed they received notice of the hearing after the hearing took place. As the fine was imposed at an informal hearing, CRB remanded the matter in order to give respondents an opportunity to prepare an evidentiary record and present their claims at a formal hearing. However, CRB noted that § 31-297 vests a commissioner with the authority to waive the 10 day notice requirement when emergency circumstances exist. See Chung, § 31-301 Appeal Procedure, and § 31-297.

Respondent Nutmeg Express was a sole proprietorship through May 3, 2000, at which time it became incorporated. Claimant was injured in June 2000, and employer had no insurance for workers’ compensation liability. Commission notified “Nutmeg Express” of pending action and upcoming hearing on sanctions, but did not separately notify the sole proprietor of the unincorporated version of Nutmeg Express. At formal hearing, trier indicated to respondents’ counsel that he would allow another hearing at which testimony could be taken regarding employer’s understanding of coverage requirements. No hearing was held before trier issued order individually fining both the sole proprietor and Nutmeg Express, Inc. for failure to maintain required insurance coverage for a total of six employees from January 1, 2000 forward. CRB reversed sanctions under § 31-288(b) and (c), and ordered that another hearing be held for which sole proprietor must be individually notified. See, McCurrey, § 31-300, § 31-310.

CRB noted that the facts indicated the respondent did not have workers’ compensation insurance. Board thus remanded the case for findings pursuant to § 31-288(c), which requires a trial commissioner to assess a civil penalty against an employer who has failed to comply with the insurance requirements of § 31-284(b). See also, Riebe, § 31-275(1).

Respondents appealed § 31-288(b) fine for delay of proceedings, arguing that there was no delay, and trier had improperly ordered them to begin cross-examination of the claimant. Because final adjudication of underlying proceedings had not been reached, CRB ruled that practical review was impossible, and consideration of the appeal was premature. Also cited at Melendez, § 31-301. Appeal procedure.

Trier found that claimant was employee of respondent, who appears to have had no workers’ compensation insurance. Appeal was dismissed, but case remanded for hearing on penalties under § 31-288, which are mandatory. See also, Duntz, § 31-301. Appeal procedure.

Trial commissioner imposed $15,000 fine against employer for failure to carry workers’ compensation insurance. CRB explained why regulations regarding fines had not been published, and enumerated the factors that were included in guidelines that chairman distributed to commissioners. No findings had been made regarding basis for fine, so CRB remanded matter for new hearing as to amount of fine. See also, Baribault, § 31-278, § 31-301-4, Correction of finding.

CRB reversed commissioner’s order fining claimant’s counsel $100 for failing to appear at hearings without a request for postponement. Counsel in fact sent a fax to the Commissioner the day before the hearings. Further, no hearing was held on the issue of the fine, thus making a meaningful appeal impossible.

State v. Champagne, 16 Conn. Workers’ Comp. Rev. Op. 245, 3269 CRB-8-96-1 (June 24, 1997).

Business owner did not have workers’ compensation insurance in effect when Second Injury Fund investigator visited construction site, even though owner said he had three employees. Investigator issued citation for failure to comply with § 31-284(b). At hearing, respondent testified that he had no insurance currently, but also had no employees. He admitted that there had been people working for him the day he was cited, but said he thought they had their own insurance. The trial commissioner issued no written findings, but made oral findings that he believed that the respondent did not willfully ignore the law, and that he had no jurisdiction over the case because the respondent currently had no employees, and there was no alleged injury. Held: § 31-288(c) provides that a commissioner shall assess a civil penalty whenever he finds an employer is not in compliance with § 31-284(b)’s insurance requirements. The element of knowledge and willful noncompliance is only relevant to the question of whether the employer has committed a class D felony under § 31-288(b). As there are no written findings or conclusions here, this board cannot determine whether there is a factual basis for a civil penalty. CRB cannot make its own findings based on testimony in the record. Remanded so that findings can be made and law applied as discussed. See also, Champagne, § 31-300.

Dowling v. Slotnik, 3062 CRB-4-95-5, 3277 CRB-4-96-2 (February 5, 1997), aff’d, rev’d and remanded, 244 Conn. 781 (1998)(with dissenting opinion).

Unawareness of law requiring workers’ compensation insurance is not a valid reason for failure to obtain it, and does not prevent trial commissioner from imposing maximum fine. Supreme Court reversed the trial commissioner’s imposition of a $10,000.00 fine for failure to carry insurance, as evidence did not support the imposition of the maximum fine, and remanded for determination of a lesser fine. See also, Dowling, § 31-275(9), § 31-288, § 31-301. Appeal procedure, and § 31-307.

The employer contended that the fine imposed by the trial commissioner of $3,407.35 for failure to have insurance was excessive, as the employer is a small family-run business, and its failure to carry insurance was due to ignorance. CRB affirmed the trial commissioner’s fine which was within the statutory limits of § 31-288(c). See also, Proto, § 31-297.

Claimant sustained a compensable injury to his eye while removing asbestos at a job site in Connecticut. The employer was insured for workers’ compensation liability by the New York Fund at the time of the injury. Accordingly, the trial commissioner ordered the employer and its insurer to pay the workers’ compensation award. In addition, the trial commissioner stated that if the employer and its insurer failed to pay the award within ten days, the Second Injury Fund must pay the award pursuant to § 31-355. In support of its appeal, the New York Fund contends that the insurance policy only covered injuries which occurred in New York, and that it is legally inconsistent for the trial commissioner to impose a penalty on the employer for failure to carry insurance pursuant to § 31-288(c) while ordering the New York Fund to pay the claim. CRB held that trial commissioner’s order against both the employer and its insurer was supported by the language of § 31-343. CRB further ruled that 31-288(c) penalty should be held in abeyance until another forum decides whether the employer’s insurance policy provides proper coverage. Reversed and remanded by Appellate Court, which held that the insurance policy clearly limited coverage to injuries which occurred in New York, and thus § 31-343 does not apply. See also, Park, § 31-355(b) and § 31-343.

Simeone v. Pace Motor Lines, Inc., 12 Conn. Workers’ Comp. Rev. Op. 149, 1518 CRB-4-92-9 (April 13, 1994).

Penalty imposed under § 31-288(b) where trier found employer failed to pay compensation and had delayed hearing process. Additionally, matter remanded with direction to provide notice and conduct a hearing wherein employer will be allowed the opportunity to be heard on issue of noncompliance where penalty imposed by trier pursuant to § 31-284c was misapplied. Applicable statute for imposing this type of penalty is § 31-288(c). See also, Simeone, § 31-284c.

Conrad v. Herbert Fuel, 11 Conn. Workers’ Comp. Rev. Op. 119, 1486 CRB-7-92-8 (June 11, 1993).

CRB considered and granted claimant’s motion pursuant to § 31-288 as respondents failed to comply with previous CRB order issued pursuant to § 31-301(a).