MEMORANDUM NO. 2000-11
Revised Stipulation Procedure
NOTE: This memo is superseded by Memorandum No. 2007-02.
|Commissioners, District Administrators, Self-Insureds, Insurance Carriers, Attorneys, Unions, Legal Advisory Panel, and Advisory Board Members
|John A. Mastropietro, Chairman
|October 30, 2000
|Revised Stipulation Procedure
As you may be aware, the Commission has been studying various suggestions concerning the revision of its stipulation approval procedure. Several months ago the Commission made an effort to accommodate those individuals/entitles who believed that the 10-day penalty provision pursuant to C.G.S. § 31-303 was insufficient, especially to allow for checks that needed to be processed out of state. As a result, the Commissioners agreed to allow stipulations to include a 30-day payment period by agreement of the parties as opposed to the statutory § 31-303 10-day period. Unfortunately, many entities for various reasons began submitting language which extended the period even further. This has become an increasingly difficult problem for the Commissioners to accept as "reasonable" accommodations.
Many different variations including certified mail, fax procedures, etc. were discussed with the Legal Advisory Panel and various other entities in an effort to achieve a compromise acceptable to the majority. I regret to inform you that said effort was not successful as no matter what variation on a theme was suggested, someone felt strongly enough opposed to suggest that compliance would be tested.
Consequently, pursuant to § 31-321, which identifies the manner in which notice is to be accomplished and further gives the Commission authority to formulate rules concerning same, the Commissioners at their most recent meeting agreed to the following procedure which will be implemented effective December 1, 2000:
- Parties may agree to payments being received no later than 30 days after approval of the stipulation.
- Parties in attendance will be hand-delivered the executed stipulation.
- A certification page shall be maintained in the Commission’s file indicating the date on which the stipulation was approved and forwarded by the Commission’s staff.
- Approved stipulations will be forwarded to non-appearing parties by regular mail to the address provided within the body of the stipulation by each party who requires and/or requests an executed copy.
- In all instances, the 30-day maximum payment period shall commence on the date identified by the certification page included within the Commission’s file.
It is the Commission’s opinion that no party would receive an executed copy more than a few days after the actual stipulation approval hearing. This will give the respondent in excess of three weeks to process payment, which time period the Commission deems sufficiently reasonable.