Understanding Termination of Benefits in CT Workers' Compensation Without Form 36

What Is Form 36 and When Is It Required?

Form 36, the "Notice of Termination of Benefits," is the standard document used in Connecticut to inform an employee that the employer's workers' compensation coverage will no longer pay for injuries or illnesses. The form must be filed by the insurer and served on the employee, the employer, and the state workers' compensation board within 30 days of termination. However, the law provides alternative pathways for ending benefits without filing Form 36.

Circumstances That Allow Termination Without Form 36

There are three primary scenarios in which benefits can be terminated without the traditional Form 36 filing:

• Voluntary Withdrawal of Coverage: If an employer voluntarily cancels its workers' compensation policy before the injury's resolution, the insurer may terminate benefits after notifying the employee in writing, not necessarily using Form 36.
• Employment Termination Before 30‑Day Notice: When an employee is dismissed or resigns, the employer can request the insurer to stop benefits. The insurer then must provide written notice directly to the employee, which can replace the Form 36.
• Dispute or Denial of Claim: If the insurer disputes the claim and refuses to pay, it may issue a written denial. This denial can serve as the termination notice, bypassing Form 36, provided the insurer follows the statutory notice requirements.

Legal Requirements and Timelines

Even when Form 36 is not filed, the insurer must still comply with Connecticut's statutory notice provisions:

• Serve a written notice of termination to the employee within 30 days of the effective termination date.
• Include the reason for termination, the effective date, and the employee's right to appeal or file a complaint with the Workers' Compensation Appeals Board.

Failure to provide timely notice can expose the insurer to liability for continued payments and potential penalties.

Employee Rights and Recourse

Employees who receive a termination notice without Form 36 retain the same rights as if the form had been used:

• They can appeal the decision to the Workers' Compensation Appeals Board within 30 days of the notice.
• They may file a complaint with the Connecticut Department of Labor if they believe the termination was improper.
• They can seek legal counsel to assess whether the insurer complied with statutory notice requirements.

Employer Considerations

Employers should:

• Maintain accurate records of coverage status and any policy cancellations.
• Ensure that any written termination notice is clear, signed, and dated.
• Provide employees with copies of the notice and instructions on appeal procedures.

Practical Example

A factory worker sustains a back injury in June. The employer cancels its policy in August, and the insurer stops benefits in September. The insurer sends the worker a written termination notice in September, citing policy cancellation. Because the notice meets statutory requirements, the worker can appeal within 30 days. The insurer's omission of Form 36 does not invalidate the termination.

Key Takeaways

• Form 36 is not the sole method for terminating workers' compensation benefits in Connecticut.
• Alternative notices must still satisfy statutory notice timelines and content requirements.
• Employees retain the right to appeal or complain regardless of the notice format.