On May 21, 2021 Chairman Stephen Morelli issued Memorandum No. 2021-04 which reestablishes the deadlines that were suspended during the COVID-19 pandemic. This will apply to the following:

• All statutory filing deadlines will go back into effect on June 2, 2021. This includes filing a notice of claim within one year of the date of injury or repetitive trauma, or within 3 years of the manifestation of an occupational disease. It also includes filing a Form 43 to deny a claim within 28 days of the receipt of a Form 30C.
• Any payment due under an award, including a Finding and Award, Full and Final Stipulation, and a Stipulation to Date that is dated prior to June 2, 2021 must be paid no later than June 22, 2021.
• Form 36s received prior to May 29, 2021 will not be automatically approved. A Form 36 that is received on or after June 2, 2021 will be automatically approved absent an objection being filed within 15 days.
• Job search requirements will continue to be waived for temporary partial disability benefits and C.G.S. § 31-308a orders that were in effect prior to June 2, 2021. Thereafter, the requirement to perform job searches will be within the discretion of the Commissioners. TPD or 31-308a benefits that are being paid as of June 2, 2021 cannot be terminated for lack of job searches.
• All other policies and procedures will be reinstated as of June 2, 2021. Of particular importance to employers and insurers is that notices to deny a claim (Form 43) and to discontinue benefits (Form 36) must be served personally, or by registered or certified mail. Failure to do so will render the notice ineffective, and could potentially lead to preclusion.

If you have any questions or would like additional information, please feel free to contact any of the attorneys in our Workers’ Compensation Group.