Sec. 31-306b. Written notice of potential eligibility for death benefits.
Sec. 31-306b. Written notice of potential eligibility for death benefits. (a) Not
later than thirty days after the date an employer or insurer discontinues paying weekly
disability benefits to an injured employee under the provisions of this chapter due to
the death of the injured employee, the employer or insurer shall send by registered or
certified mail to the last address to which the injured employee's workers' compensation
benefit checks were mailed, a written notice stating, in simple language, that dependents
of the deceased employee may be eligible for death benefits under this chapter, subject
to the filing and benefit eligibility requirements of this chapter.
(b) Not later than October 1, 1998, the chairman of the Workers' Compensation
Commission shall develop a standard form that may be used by employers and insurers
to provide the notice required under subsection (a) of this section.
(c) The failure of an employer or insurer to comply with the notice requirements
of subsection (a) of this section shall not excuse a dependent of a deceased employee
from making a claim for compensation within the time limits prescribed by subsection
(a) of section 31-294c unless the dependent of the deceased employee demonstrates, in
the opinion of the commissioner, that he was prejudiced by such failure to comply. Each
dependent who, in the opinion of the commissioner, demonstrates that he was prejudiced
by the failure of an employer or insurer to comply with the notice requirements of
subsection (a) of this section shall be granted an extension of time in which to file a
notice of claim for compensation with the deceased employee's employer or insurer
pursuant to section 31-294c, but such extension shall not exceed the period of time equal
to the interim between the end of the thirty-day period set forth in subsection (a) of this
section and the date the notice required under said subsection was actually mailed.
(P.A. 98-104, S. 1.)