State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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CRB Case Annotations re: Section 31-309

Maximum compensation rate.

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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.

Cote v. Pratt & Whitney Aerospace Co., 13 Conn. Workers’ Comp. Rev. Op. 243, 1636 CRB-2-93-2 (April 17, 1995).

Claimant originally injured in 1976 and reinjured in 1987 sought benefits at 1987 rate. Held, because injury occurred prior to 10/1/79, law in effect at time of injury controls; claimant entitled to 1976 maximum rate, as well as COLAs under § 31-307b. See also, Cote, § 31-307b.

Green v. General Dynamics Corporation/Electric Boat Division, 13 Conn. Workers’ Comp. Rev. Op. 113, 1651 CRB-2-93-2 (January 31, 1995), rev’d, 44 Conn. App. 112 (1997), rev’d, 245 Conn. 66 (1998).

1989 maximum rate applicable; although employment ceased in 1978 when decedent retired, date of incapacity was 7/11/89. Appellate Court reversed, as failure of decedent to earn any wages during the 26 weeks prior to his incapacity meant that he had no average weekly wage, and therefore dependent spouse was not entitled to benefits. Reversed by Supreme Court, which held that wage calculation should be based upon § 31-310c [Rev. to 1991], as that statute was intended by legislature to clarify a related statute. See also, Green, § 31-306, and § 31-310.

Wannagot v. Shelton, 12 Conn. Workers’ Comp. Rev. Op. 256, 1512 CRB-4-92-9 (June 2, 1994), aff’d, 38 Conn. App. 754 (1995), cert. denied, 235 Conn. 919, 920 (1995).

Trier properly determined that claimant widow had been overpaid compensation benefits where benefits were paid at the maximum weekly compensation rate. Section 7-314a sets the average weekly earnings of the decedent as the average weekly earnings of production workers. Claimant widow was entitled to sixty six and two thirds percent of the average production wage in effect on the date of her husband’s heart attack which caused his death.

Deremer v. General Dynamics Corporation/Electric Boat Division, 11 Conn. Workers’ Comp. Rev. Op., 1375 CRB-2-92-1 (December 23, 1993).

Maximum compensation rate received by dependent widow is the rate in effect on the date of decedent’s first incapacity not the maximum in effect at the date of decedent’s last employment. See also, Deremer, § 31-306.

Spaulding v. Thames Valley Steel Corp., 1 Conn. Workers’ Comp. Rev. Op. 39, 3 CRD-2-79 (June 3, 1981).

Maximum compensation rate as of January 1, 1979 was applicable where injury occurred after that date.

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