No employer shall discontinue or reduce payment on account of total or partial incapacity under any oral agreement or in any case where the employer's acceptance of compensability has been conclusively presumed under subsection (b) of section
31-294c because of failure to file a timely notice contesting liability, if it is claimed by or on behalf of the injured person that his incapacity still continues, unless such employer notifies the administrative law judge and the employee of the proposed discontinuance or reduction in the manner prescribed in section
31-296 and the administrative law judge specifically approves such discontinuance or reduction in writing.
(1971, P.A. 510, S. 2; 1972, P.A. 43; P.A. 88-106, S. 2; P.A. 92-31, S. 3, 7; P.A. 21-18, S. 1.)
History: 1972 act prohibited discontinuing payments “in any case where the employer's acceptance of compensability has been conclusively presumed ... because of failure to file a timely notice contesting liability”; P.A. 88-106 added the provisions regarding the reduction of benefits; P.A. 92-31 made a technical change; pursuant to P.A. 21-18, “commissioner” was changed editorially by the Revisors to “administrative law judge”, effective October 1, 2021.
Cited. 28 CA 113.
Notes of Decisions
Schiano v. Bliss Exterminating Co., 792 A.2d 835 (Conn. 2002).
· cites it 2× “2d 1240 (1994) (“[a]s in the case of a voluntary agreement, no stipulation is binding until it has been approved by the commissioner”); see also General Statutes § 31-296 (requiring commissioner’s approval of voluntary agreements); General Statutes § 31-296a (requiring…”
Brinson v. Finlay Bros. Printing Co., 823 A.2d 1223 (Conn. App. Ct. 2003).
· cites it 2× “See also General Statutes §§ 31-296a, 31-300. Section 31-296 pro *325 vides in relevant part that “[b]efore discontinuing or reducing payment on account of total or partial incapacity .”
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