Sec. 31-299b. Initial liability of last employer. Reimbursement.
323 words·~1 min read·
/ct/title-31/chapter-568-workers-compensation-act/31-299b·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If an employee suffers an injury or disease for which compensation is found by the administrative law judge to be payable according to the provisions of this chapter, the employer who last employed the claimant prior to the filing of the claim, or the employer's insurer, shall be initially liable for the payment of such compensation. The administrative law judge shall, within a reasonable period of time after issuing an award, on the basis of the record of the hearing, determine whether prior employers, or their insurers, are liable for a portion of such compensation and the extent of their liability.
If prior employers are found to be so liable, the administrative law judge shall order such employers or their insurers to reimburse the initially liable employer or insurer according to the proportion of their liability. Reimbursement shall be made within ten days of the administrative law judge's order with interest, from the date of the initial payment, at twelve per cent per annum. If no appeal from the administrative law judge's order is taken by any employer or insurer within twenty days, the order shall be final and may be enforced in the same manner as a judgment of the Superior Court.
For purposes of this section, the Second Injury Fund shall not be deemed an employer or an insurer and shall be exempt from any liability. The amount of any compensation for which the Second Injury Fund would be liable except for the exemption provided under this section shall be reallocated among any other employers, or their insurers, who are liable for such compensation according to a ratio, the numerator of which is the percentage of the total compensation for which an employer, or its insurer, is liable and the denominator of which is the total percentage of liability of all employers, or their insurers, excluding the percentage that would have been attributable to the Second Injury Fund, for such compensation.