CASE NO. 937 CRD-7-89-11Workers’ Compensation Commission
MARCH 7, 1991
The claimant was represented by Marilyn A. Vencel, Esq.
The respondent was represented by David C. Anderson, Esq., Murtha, Cullina, Richter and Pinney.
This Petition for Review from the October 26, 1989 Finding and Award of the Commissioner for the Seventh District was heard September 28, 1990 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Frank Verrilli and George Waldron.
OPINION
JOHN ARCUDI, CHAIRMAN.
Respondent appeals the Seventh District’s decision ordering reinstatement of claimant’s health benefits coverage under Sec. 31-284b. No factual dispute exists as the parties stipulated to the facts in the October 26, 1989 Finding Award. The facts so found included the occurrence of claimant’s compensable injury August 24, 1987. Further, at that time respondent provided claimant with group life and health insurance through an employee welfare fund administered by the Teamsters Local 677 Health Services and Insurance Plan. This group life and health insurance was provided at no cost to claimant.
Claimant received chapter 568 disability benefits from August 25, 1987 through November 16, 1987 when she returned to work without medical restriction. On January 8, 1988 she was laid off by the respondent employer. The employer made a final contribution to the Teamsters welfare fund January 16, 1988 for the week ending January 9, 1988 and thereafter made no further contributions on claimant’s behalf. On April 2, 1988 the claimant’s group life and group health insurance coverage was terminated.
On January 29, 1988 claimant again became totally disabled due to recurrence of her August 24 compensable injury. After the termination of group health benefits she incurred medical expenses totaling $522.63 as reported on the date of the formal hearing. The trial commissioner ordered respondent beginning January 29, 1988 to provide claimant with the same or equivalent group life and health insurance coverage as existed August 24, 1987, the compensable injury date. Further the commissioner ordered the employer to reimburse the claimant for medical expenses incurred in the amount of $522.63.
Sec. 31-284b provides “In order to maintain, as nearly as possible, the income of employees who suffer employment-related injuries, any employer . . . who provides accident and health insurance or life insurance coverage for any employee. . . . shall provide to such employee equivalent insurance coverage . . . while the employee is eligible to receive or is receiving workers’ compensation payment” Respondent argues that claimant was not earning any income January 29, 1988 as she was on layoff. Therefore there was no need for the employer “to maintain” her income. Consequently Sec. 31-284b did not apply. The only time Sec. 31-284b applies is when income is interrupted due to injury and not when income is terminated due to an economic downturn.
The fallacy is that argument arises because as of January 29, 1988 the principal reason claimant was not receiving income was due to her continued work related disability. Even if the employer suddenly grew more prosperous in January and recalled all laid off employees, claimant would still not be employed and receiving income as her injury prevented it. Sec. 31-284b seeks to maintain income lost due to compensable injury. When claimants’ disability recurred January 29, then the income loss was work disability related.
The extent of Sec. 31-284 benefits are fixed at the time of claimant’s compensable injury as are all other benefits under chapter 568. Chieppo v. Robert E. McMichael, Inc., 169 Conn. 646, 649 (1975).
We therefore conclude Sec. 31-284b confers a benefit to a claimant when she is receiving benefits or is eligible to receive benefits under chapter 568. Once that situation arises, the employer is obligated to provide those benefits in the amount provided by the statute and as fixed at the time of claimant’s provided by the statute and as fixed at the time of claimant’s injury.
We therefore affirm the Seventh District and dismiss the appeal.
Commissioners Frank Verrilli and George Waldron concur.