Glossary

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Accident Report -Workers’ Compensation Commission form entitled “EMPLOYER’S FIRST REPORT OF OCCUPATIONAL INJURY OR ILLNESS” (for non-State employees) or State of Connecticut Form PER WC-207 (for State employees) required to be filed by an employer in cases of an employee’s occupational injury or disease that results in incapacity from work of one day or more.

Administrative Regulations – Regulations adopted in accordance with statutory authority to prescribe procedures and requirements within the workers’ compensation system.

Agreement – Written agreement between an employer’s workers’ compensation insurance carrier or a self-insured employer and an employee with a compensable work-related injury or occupational disease specifying the type and amount of workers’ compensation benefit paid to the employee. An agreement must be made using the Workers’ Compensation Commission’s “Voluntary Agreement”, Form WCC-1.

Appeal – Request by one of the parties in a workers’ compensation case to have the Workers’ Compensation Commission’s Compensation Review Board (CRB) hear the case, which has already been heard in some lower level Informal or Formal Hearing(s). The appealing party requests an overturning of some earlier decision(s) by the Workers’ Compensation Commissioner(s) who heard the case at the earlier hearing(s).

Approved List of Medical Practitioners – The Workers’ Compensation Commission Chairman (in consultation with the Workers’ Compensation Advisory Board) may establish a list of approved physicians and other practitioners who may render medical services to employees with compensable work- related injuries or occupational diseases. Administrative Regulation 31-280-1 specifies standards for approval of medical practitioners to treat employees in workers’ compensation cases, as well as criteria for removal of practitioners from the list.

Arising out of and in the Course of Employment – An employee’s accidental injury or occupational disease originating while he or she was engaged in the line of duty in the business or affairs of the employer, upon the employer’s premises or elsewhere by the direction, express or implied, of the employer.

Attending Physician – Medical practitioner who is the primary medical caregiver of an employee with a compensable work-related injury or occupational disease. An attending physician must be on the Workers’ Compensation Commission Chairman’s “Approved List of Medical Practitioners” to treat employees in workers’ compensation cases.

Attending Physician’s First Report of Injury – Workers’ Compensation Commission Form 48 used by an attending physician to report initial medical findings related to an employee’s compensable work-related injury or occupational disease or the State of Connecticut’s Form PER WC-208 used by an attending physician to report initial medical findings for State employees with compensable work-related injuries or occupational diseases.

Attending Physician’s Supplemental Report – Workers’ Compensation Commission Form 49 used by an attending physician to report medical findings related to an employee’s compensable work-related injury or occupational disease during the course of treatment.

Attorney Fee Schedule – The Workers’ Compensation Act requires the Workers’ Compensation Commission Chairman to annually publish the maximum fees claimants are required to pay attorneys for legal services rendered in workers’ compensation cases.

Average Weekly Wage – Average weekly earnings of an employee with a compensable work- related injury or occupational disease, used to determine the employee’s weekly workers’ compensation benefit rate.

Award – Grant of workers’ compensation benefits or other fees in a workers’ compensation case.

AWW – Average Weekly Wage

Basic Compensation Rate – Weekly workers’ compensation benefit rate of an employee with a compensable work-related injury or occupational disease, without cost-of-living adjustments or dependency allowances. * For injuries/illnesses before October 1, 1991, the basic rate is two-thirds (2/3) of an employee’s gross average weekly wage. * For injuries/illnesses from October 1, 1991 through June 30, 1993, the basic rate is 80% of an employee’s average weekly wage, after federal income taxes and FICA deductions. * For injuries/illnesses on or after July 1, 1993, the basic rate is 75% of an employee’s average weekly wage, after federal and state income taxes and FICA deductions.

Benefit Rate Table – The Workers’ Compensation Commission Chairman (in consultation with the Workers’ Compensation Advisory Board) is required to annually publish tables which specify weekly workers’ compensation benefit rates, based upon the gross average weekly wage, the federal tax filing status, and the number of claimed exemptions of an employee with a compensable work-related injury or occupational disease. These tables must be consulted for the determination of weekly benefit rates ONLY for compensable work- related injuries and occupational diseases on or after October 1, 1991.

Benefits – Workers’ compensation benefits or other payments mandated by the Workers’ Compensation Act including, but not limited to, indemnity; medical and surgical aid or hospital and nursing service under Section 31-294d of the Act; and any type of payment for disability, whether for total or partial disability of a permanent or temporary nature, death benefit, funeral expense, payments made under Sections 31-284b, 31-293a, or 31-310 of the Act, or any adjustment in benefits or payments required by the Act.

Certificate of Self Insurance – Workers’ Compensation Commission Form 27-62 used by the Workers’ Compensation Commission Chairman authorizing an employer to self-insure its workers’ compensation insurance coverage liability.

Certificate of Self Insurance Application – Workers’ Compensation Commission Form WC18-76 used by an employer to apply for a Certificate of Self Insurance from the Commission.

Chairman – Workers’ Compensation Commissioner appointed by the Governor to head the Workers’ Compensation Commission and administer the state workers’ compensation system according to the provisions of the Workers’ Compensation Act.

Chapter 568 – The Workers’ Compensation Act, comprised of Sections 31-275 through 31-355a of the Connecticut General Statutes. This chapter establishes the Connecticut workers’ compensation system of wage replacement benefits for and medical treatment of compensable work-related injuries and occupational diseases, as well as the State agency, the Workers’ Compensation Commission, which administers the Connecticut workers’ compensation system.

Claimant – Any person who makes a claim for workers’ compensation benefits for an alleged work-related injury or occupational disease. Claimants are either employees claiming a compensable work- related injury or occupational disease or surviving dependents of an employee killed by a compensable work-related injury or occupational disease.

COLA – Annual cost-of-living adjustment in a claimant’s basic compensation rate. This applies ONLY to Temporary Total Disability and Dependent Survivors’ benefits, and is paid every October 1 to claimants who have been declared Permanently Totally Disabled and injured workers who have been Temporarily Totally disabled for five or more years.

Commission – Workers’ Compensation Commission, the State agency established by the Workers’ Compensation Act to administer the Connecticut workers’ compensation system.

Commissioner – Workers’ Compensation Commissioner, an administrative official authorized by the Workers’ Compensation Act to have jurisdiction in whatever matter referred to in a given section of the Act.

Commutation – Payment of workers’ compensation benefits in a monthly, quarterly, or single lump sum payment, rather than in weekly or biweekly payments.

Commutation and What it Means – Workers’ Compensation Commission form signed by a claimant to signify understanding of and agreement to payment of workers’ compensation benefits by commutation.

Compensation – Workers’ compensation benefits or other payments mandated by the Workers’ Compensation Act including, but not limited to, indemnity; medical and surgical aid or hospital and nursing service under Section 31-294d of the Act; and any type of payment for disability, whether for total or partial disability of a permanent or temporary nature, death benefit, funeral expense, payments made under Sections 31-284b, 31-293a, or 31-310 of the Act, or any adjustment in benefits or payments required by the Act.

Compensation Rate – Weekly workers’ compensation benefit rate of an employee with a compensable work-related injury or occupational disease.

Compensation Review Board – Workers’ Compensation Commission board comprised of two Workers’ Compensation Commissioners and the Workers’ Compensation Commission Chairman to hear appeals of decisions from lower level Informal and Formal Hearings.

Concurrent Employment – Simultaneous employment by more than one employer. When an employee with a compensable work-related injury or occupational disease is concurrently employed, the basic compensation rate is based upon the average weekly wages from ALL jobs the employee is unable to work as a result of the injury or disease.

Continuance – Adjournment or postponement of a hearing or other proceeding to a subsequent day or time.

Cost-of-Living Adjustment – Annual cost-of-living adjustment in a claimant’s basic compensation rate. This applies ONLY to Temporary Total Disability and Dependent Survivors’ benefits, and is paid every October 1 to claimants who have been declared Permanently Totally Disabled and injured workers who have been Temporarily Totally disabled for five or more years.

CRB – The Workers’ Compensation Commission’s Compensation Review Board comprised of two Workers’ Compensation Commissioners and the Workers’ Compensation Commission Chairman to hear appeals of decisions from lower level Informal and Formal Hearings.

CRD – The Workers’ Compensation Commission’s Compensation Review Division, now the Compensation Review Board (CRB).

Date of Injury – Date a work-related injury occurs or, for occupational disease, the date of total or partial incapacity to work due to the disease. (The Compensation Review Board has held the date of injury for repetitive trauma to be the last day of exposure to the incidents of repetitive trauma, i.e. the last day worked.)

Day of Injury – Day a work-related injury occurs. An employee with a compensable work-related injury or occupational disease is entitled to full wages for the entire day an injury occurs and, for purposes of determining workers’ compensation benefits, that day is not counted as a day of incapacity from work.

Dependency Allowance – Extra payment (in addition to a claimant’s basic compensation rate) for each of a claimant’s dependents. This allowance is paid ONLY to claimants whose compensable work-related injuries or occupational diseases occurred PRIOR to October 1, 1991.

Dependent – Employee’s family member (for employees with compensable work- related injuries or occupational diseases) or next of kin who was wholly or partly dependent upon the employee’s earnings at the time of the employee’s injury or disease, including any presumptive dependent or dependent in fact.

Dependent in Fact – Person determined to be an employee’s dependent (for employees with compensable work-related injuries or occupational diseases) in a workers’ compensation case in which there is no presumptive dependent, in accordance with the facts existing on the date of the injury or disease.

Dependent Survivor – Presumptive dependent or dependent in fact surviving an employee who dies from a compensable work-related injury or occupational disease.

Dependent Survivors’ Benefits – Burial expenses for an employee who dies from a compensable work-related injury or occupational disease and wage replacement benefits to surviving dependents of such a deceased employee. Such benefits are also known as “Death Benefits”, “Fatality Benefits” or “Survivors’ Benefits”.

Disability Evaluation – Workers’ Compensation Commission Form 42 used by an attending physician to report the existence and extent of a Permanent Partial Disability of an employee with a compensable work- related injury or occupational disease.

Disclaimer – Workers’ Compensation Commission Form 43 used by an employer or its workers’ compensation insurance carrier to deny or contest liability for a claim for workers’ compensation benefits.

Discontinuation Notice – Workers’ Compensation Commission Form 36 used by an employer or its workers’ compensation insurance carrier to discontinue or reduce a claimant’s workers’ compensation benefit payments.

Disfigurement – Impairment of or injury to the beauty, symmetry, or appearance of a person that renders the person unsightly, misshapen, imperfect, or deforms in some manner or otherwise causes a detrimental change in the external form of the person.

Disfigurement and Scarring – Permanent, significant disfigurement of, or permanent, significant scarring on the face, head, neck, or any other part of the body which handicaps an employee with a compensable work- related injury or occupational disease in obtaining or continuing to work.

Disfigurement and Scarring Benefits – Benefits paid to an employee with a compensable work-related injury or occupational disease for a compensable disfigurement or scar.

District – Jurisdiction established by the Workers’ Compensation Commission Chairman to administer matters of the workers’ compensation system within a given geographical area.

District Office – Workers’ Compensation Commission office which administers matters of the workers’ compensation system within the jurisdiction of the Workers’ Compensation District in which it is located. Informal and Formal Hearings are held in District Offices, which also maintain records pertinent to their jurisdictions, such as workers’ compensation case files.

DOI – Date of Injury – The date a work-related injury occurs or, for occupational disease, the date of total or partial incapacity to work due to the disease. (The Compensation Review Board has held the date of injury for repetitive trauma to be the last day of exposure to the incidents of repetitive trauma, i.e. the last day worked.)

Education Services – Workers’ Compensation Commission unit that provides education and information regarding the Connecticut workers’ compensation system.

Emergency Hearing – Special type of Informal Hearing to provide for the administration of “emergency” situations which require especially quick action to provide appropriate medical treatment and workers’ compensation benefits to employees with compensable work-related injuries or occupational diseases.

Employee – Any person who: (1) has entered into or works under any contract of service or apprenticeship with an employer, whether the contract contemplated the performance of duties within or without Connecticut; (2) is a sole proprietor or business partner who accepts the provisions of the Workers’ Compensation Act; (3) is elected to the Connecticut General Assembly; (4) is a salaried officer or paid member of any police or fire department; (5) is a volunteer police officer, whether designated as special or auxiliary; or (6) is an elected or appointed official or agent of any town, city, or borough in the state.

Employer – Any person, corporation, firm, partnership, voluntary association, joint stock association, the State of Connecticut, or any public corporation within the state using the services of one or more employees for pay, or such an employer’s legal representative.

Employer Mutual Association – Employer association formed to insure the employers’ liabilities pursuant to the Workers’ Compensation Act. Such an association may only include employers who are in the same or similar trades or businesses and who have substantially similar degrees of hazard of injury to their employees.

Exclusion Form – Workers’ Compensation Commission Form 6B (for corporate officers) or Form 6B-1 (for partnerships) used to elect exclusion from workers’ compensation insurance coverage or to revoke a previous election of exclusion.

Filing Status and Exemption Form – Workers’ Compensation Commission Form WCC-1A used by an employee with a compensable work-related injury or occupational disease ON OR AFTER October 1, 1991 to report federal tax filing status and number of claimed exemptions for determining workers’ compensation benefits.

First Report of Injury – Workers’ Compensation Commission Form WCC-15 (for non-State employees) or State of Connecticut Form PER WC-207 (for State employees) required to be filed by an employer in cases of an employee’s occupational injury or disease that results in incapacity from work of one day or more.

Form 27-62 – Workers’ Compensation Commission form used by the Workers’ Compensation Commission Chairman authorizing an employer to self-insure its workers’ compensation insurance coverage liability.

Form 30C – Workers’ Compensation Commission form serving as a proper written notice of claim for workers’ compensation benefits.

Form 36 – Workers’ Compensation Commission form used by an employer or its workers’ compensation insurance carrier to discontinue or reduce a claimant’s workers’ compensation benefit payments.

Form 42 – Workers’ Compensation Commission form used by an attending physician to report the existence and extent of a Permanent Partial Disability of an employee with a compensable work- related injury or occupational disease.

Form 43 – Workers’ Compensation Commission form used by an employer or its workers’ compensation insurance carrier to deny or contest liability for a claim for workers’ compensation benefits.

Form 44 – Workers’ Compensation Commission form used by a Workers’ Compensation Commissioner to order payment by the State’s Second Injury Fund of workers’ compensation benefits to a claimant or as reimbursement to an employer or its workers’ compensation insurance carrier for benefits already paid to a claimant.

Form 47 – Workers’ Compensation Commission form used by a Workers’ Compensation Commissioner to award disfigurement or scarring benefits to an employee with a compensable work-related injury or occupational disease.

Form 48 – Workers’ Compensation Commission form used by an attending physician to report initial medical findings related to an employee’s compensable work-related injury or occupational disease.

Form 49 – Workers’ Compensation Commission form used by an attending physician to report medical findings related to an employee’s compensable work-related injury or occupational disease during the course of treatment.

Form 6B-1 – Workers’ Compensation Commission form used by a partnership to elect exclusion from workers’ compensation insurance coverage or to revoke a previous election of exclusion.

Form 6B – Workers’ Compensation Commission form used by a corporate officer to elect exclusion from workers’ compensation insurance coverage or to revoke a previous election of exclusion.

Form 75 – Workers’ Compensation Commission form used by a sole proprietor of a business to elect inclusion for workers’ compensation insurance coverage or to revoke a previous election of inclusion.

Form WC18-76 – Workers’ Compensation Commission form used by an employer to apply for a Certificate of Solvency from the Commission.

Longshoreman and Harbor Workers’ Compensation Act (LHWCA) regulates the compensation of most injured longshoremen and harbor workers. The act also covers non-appropriated fund employees and government contactors working overseas. Administration of the LHWCA is managed by Division of Longshore and Harbor Workers’ Compensation. DLHWC is a division of OWCP. Generally the act provides temporary compensation to injured longshoreman and harbor workers at 2/3 of average weekly wage during medical treatment. The act also provides coverage for medical bills, disability and rehab.

Maximum Medical Improvement (MMI) – MMI is the point when an employee’s medical condition is stable but not likely to show additional improvement. Once MMI is reached the injury and compensation will fall under FECA’s schedule award.

Non-Appropriated Funds Claims – Employees who are paid from non-appropriated funds of the United States Armed Forces. Positions are generally in fields of comfort, pleasure, contentment or physical and mental improvement on behalf of the armed forces. The Non-Appropriated Fund Instrumentalities Act is administered by OWCP to provide injured non-appropriated funds employees with compensation.

Occupational Disease – A disease contracted as a result of employment activity. Work related diseases are frequently caused by repetitive action or stress on a particular part of the body. They may also be a result of exposure to chemicals or other potentially dangerous materials.

Office of Workers’ Compensation Programs (OWCP) – OWCP administers disability compensation programs for injured federal employees or their dependents. Compensation programs include wage replacement, medical treatment, vocational rehabilitation as well as other benefits.

Overpayment – If OWCP pays an injured employee more than they are permitted under FECA.

Periodic Roll Claims – If the physician’s diagnosis states that an employee’s disability will last for 60 days or more after the continuation of payment, the employee will receive automatic payments from OWCP every four weeks. The employee must provide medical documentation to OWCP supporting their claim for payments to continue.

Schedule Awards – The schedule award is similar to money damages for impairment of an extremity or a body part recognized by 5 U.S.C. § 8107 of the FECA act (Federal Workers’ Compensation Act). Payments are based on impairment to certain body parts. Claimants are entitled to an award based on a set number of weeks to their impairment or loss. OWCP (Office of Workers Compensation Program) has very specific criteria for establishing the right to a damage award. You may view the current schedule here.

Short Term Claims – The injury claim period beginning when the employee is initially injured, ending when the employee is placed on the periodic roll.

Wage-earning Capacity – The wages an employee would be capable of earning despite their injury or disability. Wage-earning capacity factors in the current job markets relating to the availability of employment and the employees skills and qualifications.

Vocational Rehabilitation – The process of training an injured worker, who due to their illness or injury is unable to resume previous employment, to develop skills necessary to gain other useful employment.

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