State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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Public Meeting of the Workers’ Compensation Advisory Board

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April 8, 2013

A meeting of the Workers’ Compensation Advisory Board was held on Monday, April 8, 2013 at 10:00 a.m. at the Office of the Chairman, 21 Oak Street, 4th Floor, Hartford, CT.

Agenda Topics

  1. Opening Remarks
  2. Introduction of Governor Malloy’s Nominee Ross Hollander
  3. Chairman Mastropietro’s Update
  4. Approval of Minutes
  5. New Business
  6. Adjournment

Minutes

A regular meeting of the Workers’ Compensation Commission Advisory Board was held on April 8, 2013 in the Workers’ Compensation Commission’s CRB Hearing Room, 21 Oak Street, Hartford, Connecticut.

The meeting convened at 10:10 a.m. with the following Board Members present: Chairman Gardner Wright, John Adamson, Rocco Calo, Michael Dimenstein, Theodore Duarte, Daniel Krause, Gregory Nokes and Donald Shubert. Also attending were Ross Hollander, Governor Malloy’s recent Nominee to the Advisory Board; and Chairman John Mastropietro and Marvin Smernoff of the Workers’ Compensation Commission.

  1. Opening Remarks
    1. Chairman Gardner Wright welcomed the group and introduced Ross Hollander as Governor Malloy’s nominee to fill the vacancy representing employers. Mr. Hollander received unanimous approval from the Executive and Legislative Nominations Committee and is awaiting final approval by the House and Senate.
  2. Chairman Mastropietro’s Update
    1. Legislation
      1. Chairman Mastropietro discussed his concerns on two legislative bills awaiting action by the Senate.
        1. Senate Bill No. 1074 “An Act Concerning Workers’ Compensation and Liability for Hospital Services,” poses a major problem for the Commission in that it still fails to provide a definition of “actual costs” which term currently exists under C.G.S. Sec. 31-294d(d). Currently, the Commission is managing over 1,800 cases with disputed hospital reimbursement issues, with the potential of receiving several thousand more.
        2. Although the current bill has no direct fiscal impact on the Commission, the lack of a definition of “actual costs” will result in a deluge of trials. Of primary concern is that the time dedicated to these lengthy dockets will increase the waiting time for new hearing requests thus creating time delays for other workers’ compensation claimants.
        3. Presently, four cases pending before the Compensation Review Board are scheduled to be heard on April 26, 2013.
        4. Chairman Gardner Wright advised the Board that he has a professional relationship with one of the entities involved in this matter.
        5. Senate Bill No. 907 “An Act Concerning Additional Requirements for an Employer’s Notice to Dispute Certain Care Deemed Reasonable for an Employee under the Workers’ Compensation Act,” is of great concern for the Commission. The timeline of requiring a respondent’s exam to be completed within 15 days is not feasible. If the bill passes in its current form, the Commission will be forced to create a panel of doctors for the sole purpose of performing respondent’s exams.
        6. Chairman Mastropietro restated that the agency will perform to the best of its ability to comply with any legislative changes.
    2. Advisory Board Reappointments
      1. Chairman Mastropietro announced that Governor Malloy’s reappointments to the Advisory Board of Theodore Duarte, Rocco Calo, and Daniel Krause are near completion. He remarked that with the appointment of Ross Hollander, the Commission now has a full Advisory Board for the first time in several years.
    3. 100th Anniversary of the Adoption of the Connecticut Workers’ Compensation Act
      1. Chairman Mastropietro announced that the Workers’ Compensation Commission will commemorate its 100th Anniversary by holding an all-day educational symposium on October 3, 2013 at the Crowne Plaza in Cromwell, CT. The Symposium Committee is developing the program and gathering sponsors. All net proceeds will be donated to the Disabled Workers’ Scholarship Fund, a publicly supported 501(c)(3) non-profit organization. The program provides a $10,000 annual scholarship to college bound children of injured workers.
    4. Joint Enforcement Commission on Employee Misclassification
      1. Discussion was held on the progress of the Joint Enforcement Commission on Worker Misclassification which was created in June 2008 under C.G.S. Sec. 31-57h to end the business practice of employers misclassifying employees as independent contractors with the intent of avoiding their obligations under federal and state employment laws covering workers’ compensation, unemployment taxes and payroll reporting.
      2. Pending legislation under House Bill No. 6433, “An Act Concerning Technical and Other Changes to the Labor Department Statutes” will add members from the Department of Insurance and the Department of Consumer Protection to the existing group consisting of the Labor Commissioner, the Commissioner of Revenue Services, the Chairperson of the Workers’ Compensation Commission, the Attorney General, and the Chief State’s Attorney.
  3. Approval of Minutes
    1. A motion to approve the Board’s minutes for meetings held on November 19, 2012, February 4, 2013 and March 11, 2013 was made by John Adamson and seconded by Dan Krause. The motion passed unanimously.
  4. Adjournment
    1. A motion to adjourn the meeting was made by John Adamson and seconded by Greg Nokes. The motion passed unanimously. The meeting adjourned at 11:20 a.m.
  5. Next Meeting
    1. The next regular meeting will be held on May 6, 2013.

Workers’ Compensation Commission

Page last revised: November 18, 2013

Page URL: http://wcc.state.ct.us/public-meetings/wc-advisory-board/2013/04-08-2013.htm

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