ILSLEY v. STONE WEBSTER ENGINEERING CO., 26 CRD-2-80 (8-23-83)

DAVID ILSLEY vs. STONE WEBSTER ENGINEERING CO. and AETNA CASUALTY SURETY COMPANY BECIR UKPERAJ vs. HERLOY, INC. and HOME INSURANCE COMPANY THERESA COOMES vs. PLASTECH CORPORATION and AETNA INSURANCE COMPANY

CASE NO. 26 CRD-2-80 CASE NO. 29 CRD-7-80 CASE NO. 53 CRD-3-81Workers’ Compensation Commission
AUGUST 23, 1983

John Arcudi, Chairman Compensation Review Division

ORDER

The Appeals in the above-captioned cases are by the Respondent-Employers from award of 31-51h[1] benefits by the Commissioners.

The United States Court of Appeals for the Second Circuit, on September 30, 1982 in Stone Webster Engineering Corporation vs. Ilsley, et al, Docket Nos. 81-7640; 81-7660, ruled that 31-51h was not a permissible exercise of state jurisdiction as the field had been preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 (ERISA). On July 6, 1983, the U.S. Supreme Court affirmed the Second Circuit ruling without opinion, 51 LW 3931. Therefore, since the supremacy clause of the U.S. Constitution has caused the Court to declare invalid Sec. 31-51h, C.G.S., orders issued by the Commissioners below under the authority of 31-51h must fail.

The Appeals of the Respondent-Employers are sustained and the matter is remanded to the District Commissioners for action in conformity with this opinion.

[1] Sec. 31-51h. Employer not to cancel insurance coverage or cease making contributions to welfare fund of employee eligible to receive or receiving workers’ compensation or sick leave payments. Employer accident report. Complaint. Hearing. Appeal. (a) No employer, private, municipal or state, shall cancel or withhold accident and health insurance or life insurance coverage of any employee or his dependents or cease to make payments or contributions at the regular hourly or weekly rate for full-time employees for each week of disability to an employee’s welfare fund as defined in subsection (h) of section 31-53
while the employee is eligible to receive or is receiving workers’ compensation payments pursuant to chapter 568 or is receiving a continuation of salary or wages under a provision for sick leave payments for time lost for on-the-job injury. Such accident and health insurance coverage may include but shall not be limited to coverage provided by insurance or directly by the employer for the following health care services; medical, surgical, dental, nursing and hospital care and treatment, drugs, diagnosis or treatment of mental conditions or alcoholism, and pregnancy and child care. Any employee aggrieved by an act of any employer in violation of this section shall have a cause of action for damages for any injury suffered by him because of such violation. All costs of such suit including reasonable attorney’s fees shall be charged to any defendant employer who is adjudged to have violated this section. The injured employee’s employer when reporting the accident to the workers’ compensation commissioner shall furnish the commissioner with information as to the time of the injury and as to the amount of payment or contribution payable to any employee welfare fund on a forty-hour week of work. The commissioner in awarding benefits for temporary and permanent partial and total disability shall require continuation of such insurance coverage or contribution to an employee welfare fund by forty hours for the period of the injured employee’s eligibility to receive such workers’ compensation benefits. (b) Any employee eligible to receive or receiving workers’ compensation may file a complaint alleging violation of the provisions of subsection (a) of this section with the workers’ compensation commissioner. Said commissioner shall hold a hearing in accordance with the provisions of sections 31-297 and 31-298. After such hearing, the commissioner shall send to each party a written copy of his award in accordance with the provisions of section 31-300. The provisions of said section concerning finality of the award and an execution issued upon the award shall be applicable to an award made pursuant to this section. Any appeal of an award of the commissioner under this section shall be taken in accordance with the provisions of section 31-301. (1981 Amendment, P.A. 81-464, and the 1982 Amendment P.A. 82-398 are not relevant to this appeal.)