State of Connecticut Workers' Compensation Commission

MEMORANDUM NO. 2000-13

Revised Hearing Notice Procedure

 

TO: Commissioners, District Administrators, Self-Insureds, Insurance Carriers, Attorneys, Unions, Legal Advisory Panel, and Advisory Board Members
FROM: John A. Mastropietro, Chairman
DATE: November 21, 2000
RE: Revised Hearing Notice Procedure

 

It has become increasingly difficult to accommodate the many office/address variations that insurance entities have requested this Commission to follow when sending hearing notices. Many insurance companies have restructured, causing innumerable failures of companies to appear, allegedly due to their failure to receive hearing notices. When contacted, the explanation given is invariably a recent change of address/office.

In an effort to streamline the Commission’s administrative procedures while ensuring that all parties are provided full opportunity to exercise their rights under the Workers’ Compensation Act, the Commission will be changing its procedure with respect to providing notice of hearings. Effective March 1, 2001, the following procedure will be utilized:
 

  1. Hearing notices will initially be sent to the claimant’s employer by regular mail.
     
  2. A copy of the notice will be mailed at the same time to the employer’s insurer, if known by the Commission. Such mailing will be sent to the address provided by the insurer pursuant to the process outlined below. If the insurer has not provided such a mailing address, no notice will be sent to the carrier.
     
    As a courtesy, notice will be sent to the employer’s insurer if:
     
    1. the Commission has knowledge of who the employer’s insurer is; and
       
    2. the insurer has filed with the Commission at the Office of the Chairman, 21 Oak Street, Hartford, CT 06106 by January 16, 2001 the name of a person/office and mailing address which will serve as the sole address for such insurer for hearing notices.
       
    3. Insurers must file such address information in writing.
       
    4. Insurers may change that address when necessary, but only in accordance with the form and manner prescribed by the Commission and at least 30 days before the effective date of the change.
       
  3. If the employer and/or its insurer fails to attend the hearing as a result of said mailing, the hearing notice for the second hearing will be sent to the employer by certified mail. If the employer fails to attend the second hearing, fines and sanctions will be levied as determined appropriate by the presiding Commissioner.
     
  4. The party/entity who will be appearing on behalf of the respondent is required to file an Appearance. All notices thereafter will be forwarded to only that party/entity whose Appearance has been filed. If an employer wishes notice in addition to its attorney and/or insurer, an Appearance listing the employer "in addition to" the representing entity needs to be filed.
     
    [NOTE: Appearance forms are available on our Forms page.]