State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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CRB Case Annotations re: Section 31-343

Certain defenses not available against employee or dependent.

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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.

Lee v. Empire Construction Special Projects, LLC, 5751 CRB-2-12-5 (August 8, 2013);

Michaelson v. Empire Construction Special Projects, LLC, 5752 CRB-2-12-5 (August 8, 2013).

Claimants injured at CT jobsite while working for MA contractor. MA insurance carrier for employer issued insurance certificate and subrogation waiver for compensation insurance for this project. MA carrier then disclaimed legal liability, asserting policy not intended to cover extraterritorial risk and citing Park v. Choi, 46 Conn. App. 596 (1997). CRB found this case inapplicable when carrier accepts added premium and knowingly accepts additional risk. Situation of promissory estoppel present. Carrier also argued issues of insurance coverage beyond scope of Workers’ Compensation Commission. CRB cited DiBello v. Barnes Page Wire Products, 3970 CRB-7-99-2 (March 2, 2000), aff’d, 67 Conn. App. 361 (2001) as authority to contrary. Carrier having provided prima facia evidence of insurance coverage could not later attempt to repudiate covering entire liability of the insured. See also, Lee/Michaelson, § 31-278; § 31-286; § 31-288; § 31-342; § 31-275(9).

Coley v. Camden Associates, Inc., 3432 CRB-2-96-9 (April 6, 1998).

No record of workers’ compensation insurance policy for either subcontractor or general contractor (both Massachusetts companies) was present in records at Chairman’s office pursuant to § 31-348. Trier allowed employers to offer into evidence copies of insurance contracts that showed workers’ compensation insurance coverage on date of injury. He refused to read the policies any further to determine if they applied to Connecticut injuries. Award made against subcontractor and its insurance company. CRB held that this case is controlled by the recent Appellate Court decision in Park v. Choi, 46 Conn. App. 596 (1997), cert. denied, which requires a workers’ compensation commissioner to determine whether an insurance policy provides coverage for job-related injuries occurring in Connecticut before making an order against an insurer. Section 31-343 is not implicated unless the policy includes Connecticut coverage on its face. Case remanded for determination of whether insurance contracts in evidence apply to Connecticut. Board also ruled that insurers should be allowed to present evidence regarding those contracts. See also, Coley, § 31-300, § 31-301. Appeal procedure, § 31-301. Factual findings. Prior decision at Coley, 3432 CRB-2-96-9 (February 28, 1997), rev’d, 243 Conn. 311 (1997), § 31-301(f).

Park v. New York State Insurance Fund, 16 Conn. Workers’ Comp. Rev. Op. 8, 2216 CRB-1-94-11 (October 3, 1996), rev’d, 46 Conn. App. 596 (1997).

See, Park, § 31-288, § 31-355(b).

Paresi v. American Cruise Lines, 12 Conn. Workers’ Comp. Rev. Op. 15, 1378 CRB-8-92-1 (January 13, 1994).

See, Paresi, § 31-294c, § 31-340.

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State of Connecticut

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Page last revised: December 17, 2013

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