Court Decisions Prompt Workers’ Compensation Fix

State lawmakers are reviewing legislation prohibiting retirees from seeking workers’ compensation benefits for post-retirement injuries.

The legislature’s Judiciary Committee is holding a March 3 public hearing on HB 6969, drafted in a response to recent Connecticut Supreme Court decisions.

That decision supported broader worker retirement and workers’ compensation benefits, with the court emphasizing that only the legislature can alter eligibility requirements.

The bill amends current state law, determining that “any employee who has elected to retire from the workforce and whose incapacity occurs after such retirement shall not be eligible to receive compensation.”

CBIA and the Insurance Association of Connecticut advocated for the change to protect the state’s well-functioning workers’ compensation system.

The court’s rulings were based on a reading of the workers’ compensation statutes, which do not exclude benefits for retirees.

“We believe this bill is needed to protect our workers’ compensation system and prevent a potential increase in costs,” CBIA’s Pete Myers said.

In two significant cases, the Supreme Court upheld the payment of benefits to individuals who retired voluntarily but later claimed total incapacity due to workplace injuries.

The decisions reversed earlier rulings by the state Appellate Court, which denied benefits as the retirees had no lost wages to replace given they had retired.

The Supreme Court’s rulings were based on a reading of the workers’ compensation statutes, which do not exclude benefits for retirees.

The court acknowledged that this decision might increase costs for employers and insurers, but stated that any changes to this policy would need to come from the legislature.

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For more information, contact CBIA’s Pete Myers (860.244.1921).