Gil v. Courthouse One
In Gil v. Courthouse One, 239 Conn. 676, 687 A.2d 146 (1997), the court set forth the proper formula for computing COLAs to total disability benefits for 1991 and thereafter in cases where the worker's injuries occurred prior to the 1991 amendment.
In Gil, the second injury fund reduced the injured employee's biweekly compensation rate from $ 518.21 to $ 316.04. Id., 693 n.19. The commissioner ordered the reinstatement of Gil's flat dollar COLAs from the date of injury in December, 1983, through September 30, 1991. Id., 681.
For October 1, 1991, and thereafter, the commissioner ordered that COLAs be calculated using the percentage adjustment method. Id. The fund appealed to the board. Id. The board ordered that COLAs to Gil's benefits be calculated using the flat dollar method. Id.
Reasoning that the amendment to 31-307a (a) was substantive in nature and could not be applied retroactively, the board concluded that, for compensable injuries that predated the 1991 amendment, the flat dollar adjustment method in effect at the time of the injury must govern. Id.
The Court heard the fund's appeal from the decision of the board.