Conn. Gen. Stat. § 31-297

Current with legislation from the 2023 Regular and Special Sessions.
Section 31-297 - Hearing of claims

If an employer and his injured employee, or his legal representative, as the case may be, fail to reach an agreement in regard to compensation under the provisions of this chapter, either party may notify the administrative law judge of the failure. Upon such notice, or upon the knowledge that an agreement has not been reached in a case in which a right to compensation may exist, the administrative law judge shall schedule an early hearing upon the matter, giving both parties notice of time and place not less than ten days prior to the scheduled date; provided the commissioner may, on finding an emergency to exist, give such notice as he finds reasonable under the circumstances. If no agreement has been reached within sixty days after the date notice of claim for compensation was received by the administrative law judge, as provided in section 31-294c, a formal hearing shall be scheduled on the claim and held within thirty days after the end of the sixty-day period, except that if an earlier hearing date has previously been scheduled, the earlier date shall prevail. Hearings shall be held, if practicable, in the town in which the injured employee resides; or, if it is not practicable to hold a hearing in the town, in any other convenient place that the administrative law judge may prescribe. Sufficient notice of the hearing may be given to the parties in interest by a brief written statement in ordinary terms of the date, place and nature of the injury upon which the claim for compensation is based.

Conn. Gen. Stat. § 31-297

(1949 Rev., S. 7446; 1958 Rev., S. 31-173; 1961, P.A. 491, S. 19; 1967, P.A. 842, S. 7; P.A. 83-123; P.A. 89-31; P.A. 90-116, S. 9; P.A. 91-32, S. 16, 41.)

Amended by P.A. 21-0018,S. 1 of the Connecticut Acts of the 2021 Regular Session, eff. 10/1/2021.

10 days' notice does not apply to hearing on motion for extension of time. 109 C. 469. Cited. 159 Conn. 302. The giving of notice by employer as to the specific grounds on which the right to compensation is contested is a condition precedent to defense of the action. 165 Conn. 338, 348. Cited. 177 Conn. 107; 227 Conn. 333; 239 Conn. 408. Cited. 2 CA 365; 13 Conn.App. 208; 29 CA 441; 30 CA 320; 40 CA 278. Cited. 38 Conn.Supp. 331; 39 CS 403. Subsec. (b): Applies only to contests of initial liability to pay compensation, not to contests of extent of disability, in requiring filing of a specific defense. 177 Conn. 107. Inquiry on existence of subject matter jurisdiction proper. 207 Conn. 420. Preclusion available to one claimant establishes compensability as to all eligible claimants. Id., 665. Cited. 213 Conn. 54; 218 C. 181; 222 C. 62; 228 C. 535. Held to be constitutional under both state and federal constitutions. 2 Conn.App. 363. Cited. Id., 162; 9 CA 91; Id., 425. Timely filing of a notice of claim under Sec. 31-294 is a precondition to statutory preclusion from contesting liability under this section. 13 CA 276. Cited. 16 CA 676; 19 CA 273; 21 CA 63; Id., 610; 22 CA 515; 25 CA 350. Amendment not to be applied retroactively; date of injury rule applies. 29 Conn.App. 441. Amendment applied only prospectively. Id., 654. Cited 30 Conn.App. 295; 33 CA 495; 42 Conn.App. 147; 45 CA 499. 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.