Workers' Compensation Act as amended to January 1, 2021
Sec. 31-349c. Controverted issues of previous disability. Physician panel established. (a) The custodian of the Second Injury Fund and an insurer or self-insured employer seeking to transfer a claim to the fund shall submit all controverted issues regarding the existence of a previous disability under section 31-349 to the chairman of the Workersâ€™ Compensation Commission. The chairman shall appoint a panel of three physicians, as defined in subdivision (17) of section 31-275, and submit such dispute to the panel, along with whatever evidence and materials he deems necessary for consideration in the matter. The panel may examine the claimant, who shall submit to any examination such panel may require. Within sixty days of receiving the submission, the panel shall file its opinion, in writing, with the chairman, who shall forward it, along with any records generated by the panelâ€™s work on the case, to the commissioner having jurisdiction over the claim in which the dispute arose. The panelâ€™s opinion shall be determined by a majority vote of the three members. Such opinion shall be binding on all parties to the claim and may not be appealed to the Compensation Review Board pursuant to section 31-301.
(b) The chairman of the Workersâ€™ Compensation Commission shall adopt regulations in accordance with the provisions of chapter 54 to establish a fee schedule for payment of medical panel members. Any fees paid pursuant to the provisions of this section shall be paid by the self-insured employer or insurer seeking fund reimbursement.
(P.A. 95-277, S. 4, 19.)
History: P.A. 95-277 effective July 1, 1995.
Court concluded legislation intended section to apply retroactively to be consistent with Sec. 31-349(d). 241 C. 282.