State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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CRB Case Annotations re: Section 31-313

Transfer to suitable work.

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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.

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

CRB noted that employer is not obligated to rehire claimant many years after injury and subsequent, legitimate lay-off, long after maximum medical improvement has been reached. See also, Krajewski, § 31-278, § 31-284b, § 31-290a, § 31-301. Appeal procedure, § 31-301. Factual findings, § 31-301-9, § 31-312, § 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.

Belanger v. J & G Belanger Concrete Construction, 4368 CRB-6-01-3 (February 19, 2002).

Factual issue as to whether employer has suitable light duty work available, but fails to provide it to employee. Evidence supported finding that no suitable work was available here. See also, Belanger, § 31-308a. Prior decision Belanger, 4238 CRB-6-00-5 (June 8, 2000), § 31-301. Appeal procedure and subsequent decision Belanger, 4684 CRB-6-03-6 (July 28, 2004), § 31-301. Appeal procedure and § 31-301. Factual findings.

Phillips v. Siemens Rolm, 3751 CRB-7-97-12 (December 11, 1998).

Trial commissioner’s imposition of a fine for employer’s failure to comply with § 31-313 in the amount of $350 for each day of non-compliance modified so as to conform with § 31-313’s $500 limit.

Zienka v. New Britain, 11 Conn. Workers’ Comp. Rev. Op. 143, 1407 CRB-6-92-4 (August 2, 1993), aff’d, 34 Conn. App. 913 (1994), cert. denied, 230 Conn. 905 (1994).

CRB affirmed trier’s finding employer offered a suitable light duty position which claimant refused for medical reasons unrelated to his compensable injury. See also, Zienka, § 31-290a.

Hill v. Pitney Bowes, 8 Conn. Workers’ Comp. Rev. Op. 98, 832 CRD-7-89-3 (May 17, 1990).

Determination of whether employer failed to provide claimant with suitable light duty work is a question of fact. See also, Hill, § 31-290a, § 31-301. Factual findings.

Fabianski v. State, 2 Conn. Workers’ Comp. Rev. Op. 58, 235 CRD-5-83 (June 1, 1984).

Decision under § 31-313 must be made after an evidentiary hearing.

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