Sec. 31-307. Compensation for total incapacity.
Sec. 31-307. Compensation for total incapacity. (a) If any injury for which compensation is provided under the provisions of this chapter results in total incapacity to
work, the injured employee shall be paid a weekly compensation equal to seventy-five
per cent of the injured employee's average weekly earnings as of the date of the injury,
calculated pursuant to section 31-310, after such earnings have been reduced by any
deduction for federal or state taxes, or both, and for the federal Insurance Contributions
Act made from such employee's total wages received during the period of calculation
of the employee's average weekly wage pursuant to section 31-310; but the compensation shall not be more than the maximum weekly benefit rate set forth in section 31-309 for the year in which the injury occurred. No employee entitled to compensation
under this section shall receive less than twenty per cent of the maximum weekly compensation rate, as provided in section 31-309, provided the minimum payment shall not
exceed seventy-five per cent of the employee's average weekly wage, as determined
under section 31-310, and the compensation shall not continue longer than the period
of total incapacity.
(b) Notwithstanding the provisions of subsection (a) of this section, any employee
who suffers any injury or illness caused by the employer's violation of any health or
safety regulation adopted pursuant to chapter 571 or adopted by the federal Occupational
Safety and Health Administration and listed in 29 CFR, Chapter XVII, after the violation
has been cited in accordance with the provisions of section 31-375 or the provisions of
the Occupational Safety and Health Act of 1970, 84 Stat. 1601 (1970), 29 USC 658 and
not abated within the time fixed by the citation, provided the citation has not been set
aside by appeal to the appropriate agency or court having jurisdiction, shall receive a
weekly compensation equal to one hundred per cent of the employee's average weekly
earnings at the time of the injury or illness.
(c) The following injuries of any person shall be considered as causing total incapacity and compensation shall be paid accordingly: (1) Total and permanent loss of sight
of both eyes, or the reduction to one-tenth or less of normal vision; (2) the loss of both
feet at or above the ankle; (3) the loss of both hands at or above the wrist; (4) the loss
of one foot at or above the ankle and one hand at or above the wrist; (5) any injury
resulting in permanent and complete paralysis of the legs or arms or of one leg and one
arm; (6) any injury resulting in incurable imbecility or mental illness.
(d) An employee who has suffered the loss or loss of the use of one of the members
of the body, or part of one of the members of the body, or the reduction of vision in one
eye to one-tenth or less of normal vision, shall not receive compensation for the later
injury in excess of the compensation allowed for the injury when considered by itself
and not in conjunction with the previous incapacity except as provided in this chapter.
(1949 Rev., S. 7430; 1949, 1951, 1953, S. 3043d; 1957, P.A. 463, S. 2; 1958 Rev., S. 31-161; 1961, P.A. 491, S. 30;
1967, P.A. 842, S. 14; P.A. 78-360, S. 1; P.A. 80-124, S. 3; P.A. 82-455; P.A. 90-272, S. 1, 2; P.A. 91-32, S. 23, 41; 91-339, S. 26; P.A. 93-228, S. 16, 35; P.A. 06-84, S. 1.)
History: 1961 act entirely replaced previous provisions; 1967 act increased compensation rate from 60% to 66.66% of
average weekly earnings at time of injury and deleted references to normal vision "with glasses"; P.A. 78-360 authorized
compensation at 75% rate where injury or illness caused by employer's violation of health or safety regulation has been
cited and he has subsequently failed to abate violation; P.A. 80-124 specified that time of injury is date of incapacity to
work as a result of disease in cases involving occupational diseases; P.A. 82-455 changed the minimum weekly benefit
from $20 to 20% of the maximum weekly compensation rate, provided the minimum does not exceed 80% of the employee's
average weekly wage; P.A. 90-272 increased the weekly compensation from 75% of the employee's weekly earnings to
100% for injury or illness caused by his employer's OSHA violations; P.A. 91-32 divided the existing section into Subsecs.
(a) to (d), inclusive, and made technical changes; P.A. 91-339 changed the weekly compensation allowed in Subsec. (a)
from 66.6% of average weekly earnings to 80% of average weekly earnings reduced by deductions for federal taxes and
FICA; P.A. 93-228 amended Subsec. (a) to decrease weekly compensation allowed for total incapacity from 80% to 75%
of injured employee's average weekly earnings, to require that state taxes be deducted in calculating such earnings, and
to decrease maximum compensation allowed for minimum payment from 80% to 75% of employee's average weekly
wage, and added Subsec. (e) to require that compensation for total incapacity be offset by Social Security retirement
benefits, effective July 1, 1993; P.A. 06-84 made technical changes in Subsecs. (a), (b) and (d) and deleted former Subsec.
(e) re offset of amount of old age insurance benefits employee entitled to receive under Social Security Act against total
incapacity workers' compensation payments, effective May 30, 2006.
If a one-eyed man lost his eye he was entitled to compensation for total incapacity. 95 C. 354; but see last clause of the
present act. Where plaintiff's labor is unmarketable, may substitute total incapacity. 110 C. 282. Cited. 112 C. 132; Id.,
629. Compensation limited to 520 weeks including specific loss. 113 C. 707. Cited. 123 C. 194; Id., 513. Cited. 125 C.
564. Cited. 126 C. 495. Disability followed by specific indemnity and subsequent disability traceable to original injury,
final disability compensable. 127 C. 294. Whether paid specific or total or partial compensation, discretionary with commissioner. 129 C. 591. Not in conjunction with previous incapacity. 130 C. 401. "Total incapacity to work" means not the
employee's inability to work at his customary calling, but the destruction of his capacity to earn in that or any other
occupation which he can reasonably pursue. If, though he can work, his physical condition is such that no one will employ
him, he is just as much totally incapacitated as though he could not work at all. 135 C. 498. Where plaintiff has equal
earning capacity in other work, but there is no other work because of business conditions, he is not totally incapacitated.
136 C. 514. Does not apply to partial incapacity. 137 C. 235. If, because of employee's injury, his labor becomes unmarketable, he is totally incapacitated. Id., 454. Since 1946 accident was an equal, concurrent and contributing cause of plaintiff's
disability by reason of which compensation was paid in 1950, the award was properly predicated on statutory rate payable
in 1950 rather than lower rate of 1946. 139 C. 338. Cited. 196 C. 104; Id., 529. Cited. 209 C. 59. Rule against double
compensation prohibits concurrent payment of specific indemnity benefits for permanent partial impairment under Sec.
31-308(b) and benefits for total incapacity under this section as result of same incident. 217 C. 42. Cited. Id., 50. Cited.
218 C. 9; Id., 531. Cited. 219 C. 28. Special benefits under Sec. 5-142(a) are not an obstacle to greater recovery under this
section. 220 C. 721. Cited. Id., 739. Cited. 221 C. 41. Cited. 226 C. 569. Cited. 227 C. 261. Cited. 231 C. 287. Injured
employee's workers' compensation benefit rate to be determined in case of traumatic injury by reference to his earnings
preceding the date on which he became incapacitated. Id., 529. Cited. 233 C. 14. Cited. 237 C. 71. Does not permit
discontinuance of total disability benefits to incarcerated recipients. 261 C. 181.
Cited. 7 CA 142. Cited. 16 CA 660. Cited. 25 CA 350. Cited. 26 CA 466. Cited. 27 CA 483; Id., 699. Benefits are
calculated on wages on the date of incapacity to work rather than date of injury. 28 CA 226. Cited. 29 CA 559. Cited. 36
CA 298. Cited. 45 CA 324. Commissioner did not act improperly in finding plaintiff demonstrated a diminished earning
capacity on basis of a 41% permanent partial disability of her master right arm, and, as such, was eligible to receive total
incapacity benefits. 105 CA 669.
Cited. 9 CS 375. See note to Sec. 31-310. Cited. 38 CS 648. Benefits under Sec. 31-308(d) are payable contemporaneously with those under this statute. 39 CS 449.
Subsec. (a):
Cited. 239 C. 676.
Subsec. (e):
Is constitutional because legislature's goal of cost saving was legitimate and the offset is a rational means to achieve
that goal. 263 C. 328. Applies whenever Social Security and total disability benefits are concurrent and does not violate
equal protection because it does not discriminate against the totally disabled and has a rational basis in legislature's desire
to cut costs. 281 C. 656.
Applies prospectively because it impacts substantive rights. 78 CA 472.