Sec. 31-289a. Civil action to recover civil penalties. Privileged assignment for trial.
Sec. 31-289a. Civil action to recover civil penalties. Privileged assignment for
trial. (a) If any civil penalty imposed pursuant to any provision of this chapter is not
paid within ninety days of its imposition by a workers' compensation commissioner,
or within ninety days of the final disposition of an appeal, as the case may be, the
chairman of the Workers' Compensation Commission shall immediately notify the Attorney General of such failure to pay. Upon such notification, the Attorney General may
bring a civil action in the name of the state of Connecticut in the superior court for the
judicial district where the commissioner imposed the civil penalty, to recover double
the amount of the civil penalty together with reasonable attorney's fees and costs as
taxed by the court. Any recovery under this section shall be disbursed in the same manner
as recoveries pursuant to section 31-355.
(b) An affidavit sworn to or affirmed by the chairman of the Workers' Compensation
Commission, or by the commissioner who imposed the civil penalty referred to in the
affidavit, stating the name of the commissioner who imposed the civil penalty, the
amount of the civil penalty, the name of the violator against whom the civil penalty was
imposed, whether or not an appeal was taken, the disposition of the appeal and whether
or not the penalty was paid, shall constitute prima facie proof of the facts contained in
the affidavit. Copies of the records of the Workers' Compensation Commission, or of
any commissioner, certified by said chairman or by the commissioner having custody
of the records, containing the name of the commissioner who imposed a civil penalty,
the amount of the civil penalty, the name of the violator against whom the civil penalty
was imposed, whether or not an appeal was taken, the disposition of the appeal and
whether or not the penalty was paid, shall constitute prima facie proof of the facts contained in the records.
(c) Civil actions pursuant to this section shall be privileged in their assignment
for trial.
(P.A. 86-174, S. 2; P.A. 91-339, S. 14, 55.)
History: P.A. 91-339 changed "board of compensation commissioners" to "workers' compensation commission" and
changed "workers' compensation commissioner" to "commissioner".