State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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CRB Case Annotations re: Section 31-312

Compensation for time lost for medical treatment and attendance at hearings.

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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.

Dellarocco v. Old Saybrook, 5324 CRB-8-08-02 (January 16, 2009).

Trial commissioner awarded claimant time and mileage for travel to treating physicians during period he was collecting award for § 31-308(b) permanent partial disability benefits; denied claimant’s bid for payment for visits to unauthorized treater to obtain medication. Both parties appealed. CRB upheld Respondent’s appeal. “Plain language” in statute bars reimbursement during period where claimant is being paid any type of disability award. Claimant’s appeal dismissed; statutory construction of Sec. 31-312 bars this relief; plus commissioner has right to determine what is reasonable and necessary treatment.

Liebel v. Stratford, 5070 CRB-4-06-3 (May 17, 2007).

Claimant who was receiving salary continuation payments under union contract was statutorily eligible for compensation for time spent at medical treatment provided outside of regular working hours. However, Commission does not have authority to enforce or interpret collective bargaining agreement. Agency’s jurisdiction is limited to ensuring that claimant has received total amount of benefits due under provisions of chapter 568. Where claimant received payments greater than those due under chapter 568 during period of total disability, commissioner’s duty was to determine total payments received by claimant during that time period and offset them against total amount of workers’ compensation benefits owed, including mileage reimbursement and compensation for time spent at medical treatment. Remanded for determination of payments made, and also for determination of entitlement to payment for time spent attending formal hearing. See Liebel, § 31-294c, § 31-294d, § 31-295, 31-300, § 31-301. Appeal procedure, also cited at Liebel, § 31-278, § 31-298, § 31-307.

Blaha v. Logistec Connecticut, Inc., 4544 CRB-3-02-6 (July 9, 2003).

Trier erred by awarding claimant mileage reimbursement for cost of travel to and from formal hearing. Statute only refers to travel to and from required medical appointments. See also, Blaha, § 31-298, § 31-300.

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

Board noted that parking costs and taxicab fees are not generally authorized (absent door-to-door transportation that is medically required) as reimbursable costs. See also, Krajewski, § 31-278, § 31-284b, § 31-290a, § 31-301. Appeal procedure, § 31-301. Factual findings, § 31-301-9, § 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.

Romano v. Logistec of Connecticut, 4199 CRB-3-00-2 (May 1, 2001).

Trier properly denied claimant’s request for payment under § 31-312 C.G.S. Claimant did not filed a claim under Workers’ Compensation Act, proceeding instead under Longshore and Harbor Workers’ Compensation Act.

Sweeney v. Waterbury, 10 Conn. Workers’ Comp. Rev. Op. 240, 1225 CRD-5-91-5 (January 7, 1993).

Claimant, a school teacher, was paid full salary during the period of temporary total incapacity. During that period claimant received medical treatment. Claimant sought entitlement to both full salary under a collective bargaining agreement and compensation benefits for time spent receiving medical treatment. CRB has limited jurisdiction which does not permit interpretation of contractual agreements. Further, if employer has paid a greater sum than amounts due under § 31-307 and § 31-312 the CRB has no power to order further sums to be paid. See also, Sweeney, § 31-310.

Fournier v. Sears, Roebuck & Company, 9 Conn. Workers’ Comp. Rev. Op. 51, 908 CRD-7-89-8 (February 4, 1991).

Remanded to determine if claimant was receiving or eligible to receive workers’ compensation benefits in order to ascertain entitlement for compensation for time lost for medical treatment during non-work hours.

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