Employees 39; Compensation Ordinance Chapter 282

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Erwin Beatz

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Aug 5, 2024, 1:40:04 PM8/5/24
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This subsection does not affect the payment of compensation under this subchapter derived otherwise than under this subsection, but compensation for disability or death does not accrue for a period for which pay, other benefit, or gratuity from the United States accrues to the disabled individual or his dependents on account of detention by the enemy or because of the same disability or death, unless that pay, benefit, or gratuity is refunded or renounced.


However, eligibility for or receipt of benefits under subchapter III of chapter 83 of this title, or another retirement system for employees of the Government, does not impair the right of the employee to compensation for scheduled disabilities specified by section 8107(c) of this title.


(iii) Notwithstanding the provisions of clauses (i) and (ii) of this subparagraph, the dependents of any deceased employee of the Department of Correction who was injured in the course of his employment, as defined in this subparagraph, on or after July 1, 2000, and who died not later than July 15, 2000, shall be paid compensation on account of the death, in accordance with the provisions of section 31-306, retroactively to the date of the employee's death. The cost of the payment shall be paid by the employer or its insurance carrier which shall be reimbursed for such cost from the Second Injury Fund as provided in section 31-354 upon presentation of any vouchers and information that the Treasurer may require;


(D) For aggravation of a preexisting disease, compensation shall be allowed only for that proportion of the disability or death due to the aggravation of the preexisting disease as may be reasonably attributed to the injury upon which the claim is based;


(E) A personal injury shall not be deemed to arise out of the employment if the injury is sustained: (i) At the employee's place of abode, and (ii) while the employee is engaged in a preliminary act or acts in preparation for work unless such act or acts are undertaken at the express direction or request of the employer;


(vi) Is an elected or appointed official or agent of any town, city or borough in the state, upon vote of the proper authority of the town, city or borough, including the elected or appointed official or agent, irrespective of the manner in which he or she is appointed or employed. Nothing in this subdivision shall be construed as affecting any existing rights as to pensions which such persons or their dependents had on July 1, 1927, or as preventing any existing custom of paying the full salary of any such person during disability due to injury arising out of and in the course of his or her employment;


(iii) A member of the employer's family dwelling in his house; but, if, in any contract of insurance, the wages or salary of a member of the employer's family dwelling in his house is included in the payroll on which the premium is based, then that person shall, if he sustains an injury arising out of and in the course of his employment, be deemed an employee and compensated in accordance with the provisions of this chapter;


(vi) Any person who is not a resident of this state but is injured in this state during the course of his employment, unless such person (I) works for an employer who has a place of employment or a business facility located in this state at which such person spends at least fifty per cent of his employment time, or (II) works for an employer pursuant to an employment contract to be performed primarily in this state.


(i) An injury to an employee that results from the employee's voluntary participation in any activity the major purpose of which is social or recreational, including, but not limited to, athletic events, parties and picnics, whether or not the employer pays some or all of the cost of such activity;


Sec. 31-275c. Officers of fraternal organizations. The officer of a fraternal corporation who receives a salary of less than one hundred dollars per year shall not be considered an employee under section 31-275.


(b) The Legislative Commissioners' Office shall, in codifying said sections of the general statutes pursuant to subdivision (1) of subsection (a) of this section or any public act of the 2021 session pursuant to subdivision (2) of subsection (a) of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.


Sec. 31-276. Workers' Compensation Commission. Administrative law judges. Nomination by Governor. Appointment by General Assembly. Terms of office. Removal. Selection of chairman. (a) There shall be a Workers' Compensation Commission to administer the workers' compensation system. There shall be sixteen administrative law judges. On or before the date of the expiration of the term of each administrative law judge or upon the occurrence of a vacancy in the office of any administrative law judge for any reason, the Governor shall nominate a competent person to fill that office. Subsequent to July 1, 1993, each person nominated by the Governor to serve as an administrative law judge shall have been a member in good standing of the Connecticut bar for at least five years preceding the nomination, provided the Governor shall not be precluded from renominating an individual who has previously served as an administrative law judge. The administrative law judges shall, upon nomination by the Governor, be appointed by the General Assembly as prescribed by law. They shall serve for a term of five years, but may be removed by impeachment. The Governor shall from time to time select one of the sixteen administrative law judges to serve as chairperson of the Workers' Compensation Commission at the pleasure of the Governor. The administrative law judge selected by the Governor to be chairperson shall have previously served as an administrative law judge in this state for at least one year.


(b) Notwithstanding the provisions of subsection (a) of this section, on and after October 1, 1988, any administrative law judge whose term expires on December thirty-first shall continue to serve until the next succeeding March thirty-first.


(c) Each nomination made by the Governor to the General Assembly for an administrative law judge shall be referred, without debate, to the committee on the judiciary, which shall report thereon within thirty legislative days from the time of reference, but no later than seven legislative days before the adjourning of the General Assembly. Each appointment by the General Assembly of an administrative law judge shall be by concurrent resolution. The action on the passage of each such resolution in the House and in the Senate shall be by vote taken on the electrical roll-call device. No resolution shall contain the name of more than one nominee. The Governor shall, within five days after he has notice that any nomination for an administrative law judge made by him has failed to be approved by the affirmative concurrent action of both houses of the General Assembly, make another nomination to such office.


(d) Notwithstanding the provisions of section 4-19, no vacancy in the position of an administrative law judge shall be filled by the Governor when the General Assembly is not in session unless, prior to such filling, the Governor submits the name of the proposed vacancy appointee to the committee on the judiciary. Within forty-five days, the committee on the judiciary may, upon the call of either chairperson, hold a special meeting for the purpose of approving or disapproving such proposed vacancy appointee by majority vote. The Governor shall not administer the oath of office to such proposed vacancy appointee until the committee has approved such proposed vacancy appointee. If the committee determines that it cannot complete its investigation and act on such proposed vacancy appointee within such forty-five-day period, it may extend such period by an additional fifteen days. The committee shall notify the Governor in writing of any such extension. Failure of the committee to act on such proposed vacancy appointee within such forty-five-day period or any fifteen-day extension period shall be deemed to be an approval.


(e) Each administrative law judge shall be sworn to a faithful performance of his duties. After notice and public hearing the Governor may remove any administrative law judge for cause and the good of the public service. Each administrative law judge shall devote his full time to the duties of his office and shall not be otherwise gainfully employed.


Sec. 31-277. Salary of administrative law judges. Longevity payments. (a) Each administrative law judge shall, during his first year of service as an administrative law judge, receive an annual salary of six thousand dollars less than the highest step level of a Superior Court judge; during his second year of service as an administrative law judge, each administrative law judge shall receive an annual salary of five thousand dollars less than the highest step level of a Superior Court judge; during his third year of service as an administrative law judge, he shall receive an annual salary of four thousand dollars less than the highest step level of a Superior Court judge; during his fourth year of service as an administrative law judge, he shall receive an annual salary of three thousand dollars less than the highest step level of a Superior Court judge; during his fifth year of service as an administrative law judge, he shall receive an annual salary of two thousand dollars less than the highest step level of a Superior Court judge; and during his sixth year of service as an administrative law judge, he shall receive an annual salary of one thousand dollars less than the highest step level of a Superior Court judge, together with his necessary clerical, office and travel expenses as approved by the Comptroller; and the chairperson of the Workers' Compensation Commission shall receive in addition ten thousand dollars annually. Each administrative law judge shall devote his entire time to the duties of his office and shall not be otherwise gainfully employed.

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