Sec. 31-298. Conduct of hearings.
Sec. 31-298. Conduct of hearings. Both parties may appear at any hearing, either
in person or by attorney or other accredited representative, and no formal pleadings
shall be required, beyond any informal notices that the commission approves. In all
cases and hearings under the provisions of this chapter, the commissioner shall proceed,
so far as possible, in accordance with the rules of equity. He shall not be bound by the
ordinary common law or statutory rules of evidence or procedure, but shall make inquiry,
through oral testimony, deposition testimony or written and printed records, in a manner
that is best calculated to ascertain the substantial rights of the parties and carry out the
provisions and intent of this chapter. No fees shall be charged to either party by the
commissioner in connection with any hearing or other procedure, but the commissioner
shall furnish at cost (1) certified copies of any testimony, award or other matter which
may be of record in his office, and (2) duplicates of audio cassette recordings of any
formal hearings. Witnesses subpoenaed by the commissioner shall be allowed the fees
and traveling expenses that are allowed in civil actions, to be paid by the party in whose
interest the witnesses are subpoenaed. When liability or extent of disability is contested
by formal hearing before the commissioner, the claimant shall be entitled, if he prevails
on final judgment, to payment for oral testimony or deposition testimony rendered on
his behalf by a competent physician, surgeon or other medical provider, including the
stenographic and videotape recording costs thereof, in connection with the claim, the
commissioner to determine the reasonableness of such charges.
(1949 Rev., S. 7447; 1958 Rev., S. 31-174; 1961, P.A. 491, S. 20; 1967, P.A. 242; 842, S. 8; 1971, P.A. 521; P.A. 85-65; P.A. 91-32, S. 17, 41; P.A. 93-228, S. 11, 35; P.A. 97-106.)
History: 1961 act entirely replaced previous provisions; 1967, P.A. 242 added, "and attorney's fees for representation
of the claimant at the formal hearing," in the last sentence before "the commissioner to determine the reasonableness of
such charges." (Held repealed by implication, see 165 C. 338, 349.) 1967, P.A. 842 added reference to contest of extent
of liability and entitled claimant to one-fifth of weekly compensation for each day or portion of day he attends a formal
hearing if he is not receiving compensation at that time; 1971 act entitled claimant to reimbursement for wages lost because
he has been called to appear at conference or informal hearing; P.A. 85-65 required the commissioner to furnish to the
parties, at cost, duplicates of audio cassette recordings of any formal hearings; P.A. 91-32 made technical changes and
deleted provisions re reimbursement of wages lost by reason of appearance at a conference or informal hearing and provisions re payments made to claimants who prevail on final judgment; P.A. 93-228 added provision allowing use of deposition
testimony during workers' compensation hearings, effective July 1, 1993; P.A. 97-106 added provisions entitling claimant
to payment for medical testimony if he prevails on final judgment.
See Sec. 52-260 re witness fees.
Admissions by insurance adjuster may be accepted by the commissioner. 93 C. 295. Conduct of hearing. 94 C. 9. Burden
of proof is on claimant; but may be sustained by reasonable inferences as well as by direct testimony. 95 C. 43. Declarations
by the decedent. 98 C. 649. Procedure simple and without pleadings. 106 C. 9. Conclusions reached by superintendent at
an immediate investigation. Id., 252. Claimant held not to have had an adequate hearing. 107 C. 457. Evidence which
commissioner may accept. Findings, to be open to attack, must be unreasonable to justify judicial interference. 109 C. 62.
Cited. 114 C. 29. Commissioner not bound by rules of evidence. 116 C. 297; 122 C. 360; 133 C. 667. Evidence that workers
in other factories under substantially same conditions do not contract disease is admissible. 118 C. 29. Commissioner judge
when conflicting medical testimony presented. 123 C. 405; 130 C. 455; 131 C. 484. Evidence as to extent of incapacity
from susceptibility to dermatitis necessary to finding of compensation commissioner. 125 C. 140. Commissioner judge of
fact. 128 C. 621. Burden of proof rests on claimant. 130 C. 1. Cited. 132 C. 172; 135 C. 504; 136 C. 345. Workmen's
compensation commissioner not bound by rules of evidence. 138 C. 53. While finding or conclusion of commissioner
based on conflicting medical opinions cannot be disturbed, such finding cannot be based on incompetent medical testimony
to which objection was seasonably made. 149 C. 118. Opinion of physician based wholly or partly on statements and
symptoms related to him by patient on personal examination is inadmissible where examination was made for purpose of
qualifying physician to testify as medical expert. Id., 119. Cited. 159 C. 302. Cited. 165 C. 338. Cited. 199 C. 667. Cited.
213 C. 54. Cited. 226 C. 508. Cited. 237 C. 1. Section addresses the conduct of hearings; does not provide commissioner
with any specific jurisdiction over particular types of claims or questions. 248 C. 754. Commissioner has authority to
dismiss claim without a hearing on the merits in an appropriate case. 254 C. 60.
Cited. 29 CA 249. Cited. 40 CA 278. Workers' compensation commissioners not bound by Daubert standard in determining whether to admit scientific testimony; establishing formal requirements for admissibility of scientific testimony in
workers' compensation cases is contrary to spirit of statute. 48 CA 774. Equitable requirements of section do not apply to
scheduling of hearings and notice to parties, matters that are specifically addressed in Sec. 31-297. 66 CA 332.
Cited. 38 CS 331.