(a) In order to maintain, as nearly as possible, the income of employees who suffer employment-related injuries, any employer who provides accident and health insurance or life insurance coverage for any employee or makes payments or contributions at the regular hourly or weekly rate for full-time employees to an employee welfare plan, shall provide to the employee equivalent insurance coverage or welfare plan payments or contributions while the employee is eligible to receive or is receiving compensation pursuant to this chapter, or while the employee is receiving wages under a provision for sick leave payments for time lost due to an employment-related injury. As used in this section, “income” means all forms of remuneration to an individual from his employment, including wages, accident and health insurance coverage, life insurance coverage and employee welfare plan contributions and “employee welfare plan” means any plan established or maintained for employees or their families or dependents, or for both, for medical, surgical or hospital care benefits.
(b) An employer may provide such equivalent accident and health or life insurance coverage or welfare plan payments or contributions by: (1) Insuring his full liability under this section in any stock or mutual companies or associations that are or may be authorized to take such risks in this state; (2) creating an injured employee's plan as an extension of any existing plan for working employees; (3) self-insurance; or (4) by any combination of the methods provided in subdivisions (1) to (3), inclusive, of this subsection that he may choose.
(c) In the case of an employee welfare plan, an employer may provide equivalent protection by making payments or contributions for such hours of contributions established by the trustees of the employee welfare plan as necessary to maintain continuation of such insurance coverage when the amount is less than the amount of regular hourly or weekly contributions for full-time employees.
(d) In any case where compensation payments to an individual for total incapacity under the provisions of section 31-307 continue for more than one hundred four weeks, the cost of accident and health insurance or life insurance coverage after the one-hundred-fourth week shall be paid out of the Second Injury Fund in accordance with the provisions of section 31-349.
(e) Accident and health insurance coverage may include, but shall not be limited to, coverage provided by insurance or directly by the employer for the following health care services: Medical, surgical, dental, nursing and hospital care and treatment, drugs, diagnosis or treatment of mental conditions or alcoholism, and pregnancy and child care.
(P.A. 82-398, S. 3; P.A. 86-403, S. 99, 132; P.A. 91-32, S. 8, 41; 91-339, S. 12.)
History: P.A. 86-403 made technical change in Subsec. (b), substituting “mutual” for “municipal” companies; P.A. 91-32 added definition of “income” to Subsec. (a) and made technical changes; P.A. 91-339 changed “employee welfare fund” to “employee welfare plan”, added a definition of the latter term in Subsec. (a) and deleted the reference to Sec. 31-53 in Subsec. (a).
Cited. 214 C. 552; 219 C. 439; 223 C. 376. Court found no legislative intent to mandate transfer of liability for section's benefits to the fund as “compensation” under Sec. 31-349 in case of employee with preexisting impairment. 231 C. 287.
Cited. 16 CA 660. Dependents' benefits are part of workers' income to be maintained by employer. 24 CA 234. Cited. 40 CA 409; 44 CA 397. Board incorrectly interpreted section as requiring city to continue insurance coverage for plaintiff and his family once plaintiff's compensation payments under Sec. 7-433c ended; definition of “compensation” in Sec. 31-293 inapplicable to section as it existed on date of plaintiff's injury; payments by city for plaintiff's medical care did not constitute compensation payment required by statute or regulation and did not trigger benefits under section. 61 CA 9.
Subsec. (a):
Cited. 214 C. 394.
Term “compensation payments” as used in Subsec. as it existed on date of plaintiff's injury does not include payments for medical care after the indemnity compensation period has ceased. 61 CA 9. Term “compensation payments” as used in Subsec. does not include payments for medical care after the indemnity compensation period has ceased; plaintiff accordingly was not entitled to benefits pursuant to section. 81 CA 339.
Subsec. (b):
Authorizes employer to meet its workers' compensation obligations under chapter by enumerated methods, including self-insurance. 247 C. 442.
Notes of Decisions
Vincent v. City of New Haven, 941 A.2d 932 (Conn. 2008).
· cites it 64× “§ 31-284b, [2] she also was entitled *935 to such coverage after the decedent's death.”
Civardi v. City of Norwich, 649 A.2d 523 (Conn. 1994).
· cites it 38× “General Statutes § 31-284b (d). This section was drafted to incorporate that portion of § 31-51h, enacted as No.”
Luce v. United Tech. Corp., 717 A.2d 747 (Conn. 1998).
· cites it 13× “Greater Washington Board of Trade, supra, 125, requirement of General Statutes § 31-284b [a] that “any employer who provides accident and health insurance or life insurance coverage for any employee or makes payments .”
Kelly v. City of Bridgeport, 762 A.2d 480 (Conn. App. Ct. 2000).
· cites it 27× “Kelly, is entitled to benefits pursuant to General Statutes § 31-284b 2 even though he is no longer receiving weekly disability benefits under General Statutes § 7-433c.”
Tufaro v. Pepperidge Farm, Inc., 587 A.2d 1044 (Conn. App. Ct. 1991).
· cites it 22× “After conducting a formal hearing, the commissioner relied on General Statutes § 31-284b in making his findings and ordered the defendant to provide the plaintiff and her dependents with group benefits and to reimburse her for certain medical costs incurred.”
Wilson v. City of Stamford, 840 A.2d 553 (Conn. App. Ct. 2004).
· cites it 17× “On appeal, the plaintiff claims that the board improperly determined that he was not entitled to benefits pursuant to General Statutes § 31-284b (a). We affirm the decision of the board.”
Badolato v. City of New Britain, 738 A.2d 618 (Conn. 1999).
· cites it 9× “On January 7, 1993, the city notified the fund that the plaintiff had been incapacitated for 104 weeks and, pursuant to General Statutes §§ 31-284b *755 (d) 2 and 31-349, 3 requested reimbursement for health and life insurance premiums paid on behalf of the plaintiff.”
Doe v. Yale Univ., 748 A.2d 834 (Conn. 2000).
· cites it 3× “her than his liability for assessments pursuant to sections 31-345 and 31-354 in one of the following ways: (1) By filing with the Insurance Commissioner in form acceptable to him security guaranteeing the performance of the obligations of this chapter by the employer; or (2) by…”
Doucette v. Pomes, 724 A.2d 481 (Conn. 1999).
· cites it 4× “General Statutes § 31-284b (b) provides: “An employer may provide such equivalent accident and health or life insurance coverage or welfare plan payments or contributions [as provided in subsection (a)] by: (1) Insuring his full liability under this section in any stock or…”
Cruz v. Montanez, 984 A.2d 705 (Conn. 2009).
· cites it 3× “ued to include incapacity payments to an injured employee, payments to the dependents of a deceased employee, sums paid out for surgical, medical and hospital services to an injured employee, the burial fee provided by subdivision (1) of subsection (a) of section 31-306,…”
Crocetto v. Lynn Dev. Corp., 612 A.2d 1212 (Conn. 1992).
· cites it 9× “The sole issue in this appeal is whether a “subsistence allowance” provided to a former employee while enrolled in a workers’ rehabilitation program constitutes “workers’ compensation payments” within the meaning of General Statutes § 31-284b (a) 1 so as to trigger mandatory…”
Giaimo v. City of New Haven, 778 A.2d 33 (Conn. 2001).
· cites it 2× “"(b) In any case where workers’ compensation payments to an individual for total incapacity under the provisions of section 31-307 continue for more than one hundred four weeks, the cost of accident and health insurance or life insurance coverage required under section 31-284b…”
— Conn. Gen. Stat. § 31-284b(a) — 1 case
Vincent v. City of New Haven, 941 A.2d 932 (Conn. 2008).
“§ 31-284b, [2] she also was entitled *935 to such coverage after the decedent's death.”
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