In this declaratory judgment action, two questions have been reserved to this court concerning the constitutionality of each of two provisions of General Statutes § 31-349, as it incorporates Public Acts 1995, No. 95-277 (P.A. 95-277).
In Cece, we concluded that § 31-349 (e), which was added in the 1995 revision of the statute, had no constitutional flaw, either under the contracts clause
In this case, the declaratory judgment action brought by the plaintiffs
The plaintiffs' first claim is that the re-notification provision, now codified as § 31-349 (e), is unconstitutional because it impairs their contract rights and deprives them of their right to due process. As we held in Cece, there is no merit to this claim.
The plaintiffs' second claim is that the limitations provision, now codified as § 31-349 (b), is unconstitutional on the same grounds. Pursuant to § 31-349 (b) (1), even after timely re-notification, an employer or insurer intending to transfer liability to the second injury fund must now notify the custodian of the fund
Although § 31-349 (b) (1) contains a further limitation on access to the second injury fund, the grounds for the plaintiffs' challenges to its constitutionality are indistinguishable from those advanced in Cece. Again, the premise underlying their constitutional claims is that the second injury fund had a contractual relationship with employees, employers and insurers in this state. In Cece, we expressly held that premise to be unsustainable.
The questions reserved to this court were:
(1) "Does Public Act 95-277, § 3 [codified as General Statutes § 31-349 subsections (b) and (e)] violate Article I, § 10 of the United States Constitution?" The answer to this question is "No."
(2) "Does Public Act 95-277, § 3 [codified as General Statutes § 31-349 subsections (b) and (e)] deprive the plaintiffs of a vested property right without due process of law in violation of the Fourteenth Amendment of the United States Constitution and Article 1, § 8 of the Connecticut Constitution?"
No costs will be taxed in this court to either party.
"(b) As a condition precedent to the liability of the Second Injury Fund, the employer or its insurer shall: (1) Notify the custodian of the fund by certified mail no later than three calendar years after the date of injury or no later than ninety days after completion of payments for the first one hundred and four weeks of disability, whichever is earlier, of its intent to transfer liability for the claim to the Second Injury Fund ....
"(d) Notwithstanding the provisions of this section, no injury which occurs on or after July 1, 1995, shall serve as a basis for transfer of a claim to the Second Injury Fund under this section. All such claims shall remain the responsibility of the employer or its insurer under the provisions of this section.
"(e) All claims for transfer of injuries for which the fund has been notified prior to July 1, 1995, shall be deemed withdrawn with prejudice, unless the employer or its insurer notifies the custodian of the fund by certified mail prior to October 1, 1995, of its intention to pursue transfer pursuant to the provisions of this section...."