Unless otherwise specifically provided, or unless the circumstances of the case or the rules of the commission direct otherwise, any notice required under this chapter to be served upon an employer, employee, administrative law judge or the chairperson shall be by written or printed notice, service personally or by registered or certified mail addressed to the person upon whom it is to be served at the person's last-known residence or place of business. Notices on behalf of a minor shall be given by or to such minor's parent or guardian or, if there is no parent or guardian, then by or to such minor.
(1949 Rev., S. 7459; 1958 Rev., S. 31-187; 1961, P.A. 491, S. 47; P.A. 10-32, S. 106; P.A. 21-18, S. 1; P.A. 22-89, S. 4.)
History: 1961 act entirely replaced previous provisions; P.A. 10-32 made technical changes, effective May 10, 2010; pursuant to P.A. 21-18, “commissioner” was changed editorially by the Revisors to “administrative law judge”, effective October 1, 2021; P.A. 22-89 added reference to chairperson, effective May 24, 2022.
Cited. 226 C. 508. Strict compliance with statutory methods of service under section is necessary to constitute meaningful notice under Sec. 31-301(a); commission's failure to comply strictly with statutorily prescribed methods of notice and service under section will not trigger party's obligation to file appeal under Sec. 31-301(a). 263 C. 279.
Cited. 3 CA 162; 29 CA 441; 30 CA 295; 45 CA 199. Does not expressly provide for notice to claimants who are not employees or dependents; notice to last-known address of decedent employee, which was also claimants' address, was adequate. 63 CA 1. Section governs the manner in which notice is to be served when required under act, but does not independently require workers' compensation insurance providers to provide notice in any particular circumstance. 121 CA 144. Sending notice to contest liability to employee by certified mail meets requirements, despite employee's failure to claim it. 138 CA 826. Neither section nor form 43 contain any language that permits the filing of form 43 by facsimile transmission to the commission, rather, both section and form require that form be filed either in person, by registered mail or by certified mail. 190 CA 623.
Notes of Decisions
Hatt v. Burlington Coat Factory, 819 A.2d 260 (Conn. 2003).
· cites it 18× “Atlantic Mutual claims that the board improperly denied its motion to dismiss the appeal of Fireman’s Fund as untimely after concluding that Fireman’s Fund lacked proper notice under General Statutes § 31-321 7 sufficient to trigger the ten day appeal period provided under…”
Black v. London & Egazarian Assocs., Inc., 620 A.2d 176 (Conn. App. Ct. 1993).
· cites it 12× “On appeal, the plaintiff asserts that the review division had incorrectly (1) affirmed the commissioner’s ruling that the notice of claim was not served personally or by registered or certified mail in accordance with General Statutes § 31-321, 1 (2) affirmed the commissioner’s…”
Woodbury-Correa v. Reflexite Corp., 212 A.3d 252 (Conn. App. Ct. 2019).
· cites it 8× “Instead, on July 24, 2009, despite the requirements of General Statutes § 31-321 7 and form 43, 8 the defendant sent, via facsimile transmission , its form 43 to the commission.”
Lamar v. Boehringer Ingelheim Corp., 54 A.3d 1040 (Conn. App. Ct. 2012).
· cites it 10× “5 Specifically, he claimed *830 that, as to the first disclaimer, (1) service was improper under General Statutes § 31-321 and (2) the disclaimer failed to specify the date of the alleged injury or place him on notice of any real defense.”
Walter v. State, 774 A.2d 1052 (Conn. App. Ct. 2001).
· cites it 7× “Specifically, they argue that a failure to send a notice of contest to the proper claimants violates General Statutes § 31-321 2 and General Statutes (Rev.”
Harpaz v. Laidlaw Transit, Inc., 942 A.2d 396 (Conn. 2008).
· cites it 4× “The employer shall send a copy of the notice to the employee in accordance with section 31-321. If the employer or his legal representative fails to file the notice contesting liability on or before the twenty-eighth day after he has received the written notice of claim, the…”
Dealmeida v. M.C.M. Stamping Corp., 615 A.2d 1066 (Conn. App. Ct. 1992).
· cites it 7× “On April 1, 1988, the defendants attempted to give notice of their intention to contest liability for compensation, but failed to comply with the requirements of General Statutes § 31-321 in that the notice was mailed by ordinary and not by certified or registered mail as…”
Britto v. Bimbo Foods, Inc., 287 A.3d 1140 (Conn. App. Ct. 2022).
· cites it 9× “On appeal to the board, the plaintiff asserted that he served the defendant with the form 30C in accordance with General Statutes § 31-321 by sending, by certified mail, the form 30C to the defendant’s place of business, such that the commissioner should have drawn the inference…”
Schreck v. City of Stamford, 737 A.2d 916 (Conn. 1999).
· cites it 4× “” General Statutes § 31-321 provides in relevant part: “Unless otherwise specifically provided, or unless the circumstances of the case or the rules of the commission direct otherwise, any notice required under [the Workers’ Compensation Act] to be served upon an employer,…”
Johnson v. Preleski, 229 A.3d 97 (Conn. 2020).
· cites it 6× “, 294–95; see also General Statutes § 31-321. The statutory language at issue in the present case is distinguishable from that in Hatt because § 31-321 uses the term ‘‘service personally’’ rather than ‘‘personally [deliver]’’ as in § 52-593a (a).”
Yelunin v. Royal Ride Transp., 994 A.2d 305 (Conn. App. Ct. 2010).
· cites it 6× “” The fund’s reliance on § 31-321, however, is misplaced. Section 31-321 provides in relevant part: “Unless otherwise specifically provided, or unless the circumstances of the case or the rules of the commission direct otherwise, any notice required under this chapter to be…”
Kuehl v. Z-Loda Sys. Eng'g, Inc., 829 A.2d 818 (Conn. 2003).
· cites it 2× “The employer shall send a copy of the notice to the employee in accordance with section 31-321. If the employer or his legal representative fails to file the notice contesting liability on or before the twenty-eighth day after he has received the written notice of claim, the…”
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