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

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March 2, 2012

A meeting of the Workers’ Compensation Commissioners was held on Friday, March 2, 2012 at 9:30 a.m. at the Office of the Chairman, 21 Oak Street, 4th Floor, Hartford, CT.

Agenda Topics

  1. Formal Hearing Transcripts
  2. David J. Hergan, MD, MS
  3. Medicare Set-Aside Webinar
  4. Deposition Costs
  5. Budget
  6. Senate Bill 5016
  7. Doctors Dispensing Prescription Drugs
  8. Chairman’s update
    • Executive Session

Minutes

A regular meeting of the Workers’ Compensation Commissioners was held on Friday, March 2, 2011 at the office of the Chairman of the Workers’ Compensation Commission, Capitol Place, 21 Oak Street, Hartford, Connecticut. The meeting convened at 1:00 p.m. with all Commissioners present except Commissioner Salerno and Commissioner Walker. Also present were Marvin Smernoff, Nancy Bonuomo, Madeleine Lemieux, Connie Rue-Yatcko and Tara Remillard of the Workers’ Compensation Commission and Linda Passanisi of the Workers’ Compensation Commission Advisory Board.

  1. Formal Hearing Transcripts
    1. The Court Reporters will be going through a training session soon which will include a new policy for transcripts from Formal Hearings. At the end of each formal hearing session, the Commissioner or Court Reporter will inquire on the record if a transcript will be ordered. This is will assist the Court Reporter in establishing time tables for preparing transcripts and scheduling future hearings.
  2. David J. Hergan, MD, MS
    1. David J. Hergan, MD, MS sent a letter expressing interest in treating workers’ compensation patients. This letter was distributed to the Commissioners.
  3. Medicare Set-Aside Webinar
    1. On February 10, 2012 the National Association of Workers’ Compensation Judges (NAWCJ) proffered a webinar on Medicare Set-Asides. Copies of the presentation have been provided to the Commissioners.
  4. Deposition Costs
    1. Discussion ensued about Deposition Costs as they pertain to Civil Court per a change in the Practice Book. It was decided by the Commissioners that as it pertains to workers’ compensation, to best serve our constituency, deposition costs will not change.
  5. Budget
    1. The Chairman provided an update regarding the mid-term budget adjustments as it pertains to the Workers’ Compensation Commission.
  6. House Bill 5016
    1. The House Bill 5016 language was distributed to the Commissioners. There have been a number of public hearings before the Appropriations Committee concerning the proposed bill.
  7. Doctors Dispensing Prescription Drugs
    1. The Chairman reported that he has met with Lt. Governor Nancy Wyman and the Governor’s Chief Counsel Andrew McDonald concerning this topic. Meetings have also taken place with various stakeholders and language has been drafted to define the Average Wholesale Price in the Fee Schedule.
  8. Senate Bill 151
    1. The Senate Bill 151 language was distributed to the Commissioners and discussion ensued.
  9. Section 312 - Lost Wage - employer v. carrier
    1. Commissioner Vargas has noticed that this issue has been arising more frequently during the course of hearings in his district. Discussion ensued, especially who is responsible to pay. If the employer has gone out of business, the carrier should be responsible to pay.
  10. Minor Dependent Task Force Update
    1. Chairman Mastropietro and Commissioner Truglia reported the status of this task force. Guidelines are in the process of being established and reviewed. Once finalized, it will be distributed to Probate Court Judges as well as our Commissioners for comment and ultimately acceptance.
  11. Chairman’s Update
    1. Length of Time to Schedule First Hearing - The Chairman praised the districts for scheduling hearings in less than 28 days. This is phenomenal considering that staff has been greatly reduced over the last two years.
    2. Vacation/Personal Leave Balances - Tara has distributed the balances to date. Commissioners are to review same and let her know if there are any discrepancies.
    3. Form 36 - A question was raised about the Form 36 LPRN signing same versus a doctor signing the form. The LPRN is not approved as treater for the claimant. Guidelines are clear. A physician is required to sign the Form 36.

There being no further business, Commissioner Delaney made a motion to adjourn to Executive Session. Commissioner Goldberg seconded the motion, which passed unanimously. The meeting was adjourned to Executive Session at 2:13 p.m.

Workers’ Compensation Commission

Page last revised: March 15, 2013

Page URL: http://wcc.state.ct.us/public-meetings/wc-commissioners/2012/03-02-2012.htm

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