Conn. Gen. Stat. § 31-278

Current with legislation from the 2024 Regular and Special Sessions.
Section 31-278 - Powers and duties of commissioners

Each administrative law judge shall, for the purposes of this chapter, have power to summon and examine under oath such witnesses, and may direct the production of, and examine or cause to be produced or examined, such books, records, vouchers, memoranda, documents, letters, contracts or other papers in relation to any matter at issue as he may find proper, and shall have the same powers in reference thereto as are vested in magistrates taking depositions and shall have the power to order depositions pursuant to section 52-148. He shall have power to certify to official acts and shall have all powers necessary to enable him to perform the duties imposed upon him by the provisions of this chapter. Each administrative law judge shall hear all claims and questions arising under this chapter in the district to which the administrative law judge is assigned and all such claims shall be filed in the district in which the claim arises, provided, if it is uncertain in which district a claim arises, or if a claim arises out of several injuries or occupational diseases which occurred in one or more districts, the administrative law judge to whom the first request for hearing is made shall hear and determine such claim to the same extent as if it arose solely within his own district. If an administrative law judge is disqualified or temporarily incapacitated from hearing any matter, or if the parties shall so request and the chairperson of the Workers' Compensation Commission finds that it will facilitate a speedier disposition of the claim, he shall designate some other administrative law judge to hear and decide such matter. The Superior Court, on application of an administrative law judge or the chairperson or the Attorney General, may enforce, by appropriate decree or process, any provision of this chapter or any proper order of an administrative law judge or the chairperson rendered pursuant to any such provision. Any administrative law judge, after ceasing to hold office as such administrative law judge, may settle and dispose of all matters relating to appealed cases, including correcting findings and certifying records, as well as any other unfinished matters pertaining to causes theretofore tried by him, to the same extent as if he were still such administrative law judge.

Conn. Gen. Stat. § 31-278

(1949 Rev., S. 7436; 1958 Rev., S. 31-142; 1961, P.A. 491, S. 4; February, 1965, P.A. 577, S. 2; 1969, P.A. 662, S. 4; 1971, P.A. 339; P.A. 73-152; P.A. 76-80, S. 1, 3; P.A. 80-414, S. 4; P.A. 81-472, S. 65, 159; P.A. 82-289, S. 2; P.A. 84-320, S. 4, 6; P.A. 91-339 , S. 4 , 55 .)

Amended by P.A. 22-0089, S. 7 of the Connecticut Acts of the 2022 Regular Session, eff. 5/24/2022.
Amended by P.A. 21-0018, S. 1 of the Connecticut Acts of the 2021 Regular Session, eff. 10/1/2021.

commissioner administrative law judge has jurisdiction only in his own district unless local commissioner administrative law judge is "disqualified or incapacitated"; cannot act by consent of parties. 99 C. 236 . Powers of commissioners administrative law judges are purely statutory. 108 C. 33 . Contract made in this state, to be performed in another state, governed by our law. 111 C. 696 . No jurisdiction to determine rights between employer and two insurance companies. 113 C. 504 ; 120 C. 503 . When acting commissioner administrative law judge is disqualified, commissioner administrative law judge in whose district accident occurred has jurisdiction to name commissioner administrative law judge to act further. 118 Conn. 29 . Cited. 129 C. 594 ; 132 C. 172 ; 133 C. 668 ; 218 C. 46 ; 232 C. 758 . Section does not give commissioner administrative law judge subject matter jurisdiction over insurance coverage issues that require application of laws other than provisions of Workers' Compensation Act. 248 C. 754 . Because of the use of "may" instead of "shall", commissioners administrative law judges are permitted, not required, to continue to hear cases subsequent to their retirement. 251 Conn. 1 53. Cited. 16 CA 138 ; 21 CA 9 ; judgment reversed, see 218 Conn. 46 ; 22 CA 539 ; judgment reversed, see 219 C. 439 ; 24 Conn.App. 234 ; 29 Conn.App. 249 ; 31 CA 819 ; 34 CA 673 ; 36 CA 150 . Former commissioner administrative law judge who heard the case originally had authority to hear it upon remand after appeal. 14 CS 302 . Cited. 39 CS 321 .

See Sec. 31-276 re compensation commissioners' administrative law judges' nomination, appointment, terms of office, removal, etc.