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Hasselt v. Lufthansa German Airlines, 4345 CRB-7-01-1 (December 7, 2001).
Fund is required to reimburse employers for all COLAs paid on claims arising from injuries occurring between July 1, 1993 and October 1, 1997. See, Fiorillo v .Bridgeport, 4337 CRB-4-01-1 (Nov. 19, 2001), infra.
Fiorillo v. Bridgeport, 4337 CRB-4-01-1 (November 19, 2001).
Section 31-307a(c) requires Second Injury Fund to reimburse employer for all adjustments paid on claims arising from injuries that occurred on or after July 1, 1993, and before October 1, 1997. Plain language of statute would be strained by any other reading, and “date of injury” rule precludes retroactive imposition of substantive obligations against persons or corporations.
Lizcano v. Holiday Inn Crowne Plaza, 4036 CRB-7-99-4 (May 24, 2000).
See, Lizcano, § 31-296, Voluntary agreements (approval of), § 31-310 (COLAs available for concurrent employment benefits).
Herbert v. State/Dept. of Mental Health & Addiction Services/Cedarcrest, 3766 CRB-6-98-2 (May 13, 1999).
See, Herbert, § 5-142(a).
Meyer v. Raybestos Products Co., 3610 CRB-8-97-5 (October 20, 1998).
Trier properly ruled that claimant who was injured in 1980 but was not temporarily totally disabled until 1990 was entitled to COLAs covering changes in the maximum weekly wage rate from 1980 to the present. Section 31-307a refers only to the date of injury, and the statute is not ambiguous.
Czujak v. Bridgeport, 3535 CRB-4-97-2 (June 10, 1998), aff’d, 55 Conn. App. 789 (1999), cert. denied, 252 Conn. 920 (2000).
CRB discussed applicability of COLAs to § 7-433c benefits. See also, Czujak, § 7-433c, § 31-300, § 31-301. Appeal procedure, § 31-315.
Gil v. Courthouse One, 15 Conn. Workers’ Comp. Rev. Op. 227, 3278 CRB-6-96-3 (May 1, 1996), rev’d, 239 Conn. 676 (1997).
CRB reconsidered the issue of the calculation of Cost of Living Adjustments for persons injured prior to October 1, 1991. The CRB reexamined its earlier ruling in Taylor v. P.J. Ladola’s 12 Conn. Workers’ Comp. Rev. Op. 378, 1526 CRB-1-92-10 (August 17, 1994) and Wolfe v. JAB Enterprises, Inc., 14 Conn. Workers’ Comp. Rev. Op. 127, 1875 CRB-3-93-10 (June 5, 1995). The CRB concluded that Taylor wrongly concluded that the amendments affecting COLAs contained in P.A. 91-339, i.e., the calculation of the COLA based on a percentage amount and not a flat dollar amount, were procedural in nature and not substantive. The Supreme Court reversed the CRB and held that COLAs should be calculated based on the percentage of increase in the maximum compensation rate between the year for which the COLA is sought and the maximum compensation rate as of October 1, 1990. That amount should then be multiplied by the claimant’s base rate and added to the claimant’s COLA as of October 1, 1990.
Wolfe v. JAB Enterprises, Inc., 14 Conn. Workers’ Comp. Rev. Op. 127, 1875 CRB-3-93-10 (June 5, 1995).
Under 1991 change in statute from dollar amount increases to percentage-based increases, prior COLAs should not be included in the COLA determination for any given year. Statutory formula unambiguously requires base rate to be multiplied by the percentage difference between the maximum rates at the date of injury and in the present year, as demonstrated in the opinion. Change in method of calculation only applies prospectively. But see Gil v. Courthouse One, 239 Conn. 676 (1997).
Owens v. R. R. Donnelley & Sons, 14 Conn. Workers’ Comp. Rev. Op. 28, 1892 CRB-2-93-11 (May 3, 1995).
Claimant suffered a compensable leg injury in 1980, and a disability to her back in 1988 because of an altered gait resulting from the first injury. Held, evidence supported decision that 1988 injury was not a recurrence, but was causally related to the first injury as in Hernandez v. Gerber Group, 222 Conn. 78 (1992). Because first injury compensable, employer liable for sequelae as well. Therefore, § 31-307a applies instead of § 31-307b, as the latter applies only to relapses or recurrences. Applicable compensation rate was 1980 wage, as claimant was unemployed at time of back injury. Section 31-307a entitled claimant to difference between 1980 maximum rate and 1988 maximum rate, as well as to COLAs accruing after that date. See also, Owens, § 31-300, and § 31-310.
Taylor v. P.J. Ladola’s, 12 Conn. Workers’ Comp. Rev. Op. 378, 1526 CRB-1-92-10 (August 17, 1994).
Annual cost of living adjustment (COLA) due to continued total disability as a result of traumatic injuries sustained from a fall occurring in July, 1991 should be calculated by using percentage increase set out in P.A. 91-339. Discussion of former chairman, workers’ compensation commission’s reference to legislative intent.
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