If you're navigating a workers' compensation case in Connecticut — whether you're an injured worker, a referring attorney, or just trying to understand the process — you'll likely come across the term “Voluntary Agreement.” And here's where it gets a little tricky: not all Voluntary Agreements are the same.

In fact, in Connecticut, there are two distinct types of Voluntary Agreements that serve very different purposes in a workers' compensation claim:

• The Jurisdictional Voluntary Agreement

• The Specific Voluntary Agreement

Understanding the difference between the two can make or break a case — and at the Law Offices of James F. Aspell, P.C., we make sure our clients and referring attorneys know the distinction.

What Is a Voluntary Agreement in Workers' Compensation?

A Voluntary Agreement (often abbreviated as “VA”) is a formal document issued by the insurance carrier and approved by the Connecticut Workers' Compensation Commission. It outlines key facts about the injury, including:

• Date of injury

• Type and location of the injury

• Average weekly wage

• Compensation rate

• Employer and insurer information

• Disability status (temporary total, temporary partial, etc.)

Once signed and approved, the VA becomes a binding document that plays an essential role in the administration of the workers' compensation claim.

But again — not all VAs serve the same function.

What Is a Jurisdictional Voluntary Agreement?

The Jurisdictional Voluntary Agreement is the first and most important VA in the claim. It's often considered the “base agreement” because it does the following:

✅ Establishes Liability and Jurisdiction

The jurisdictional VA confirms that the employer and its workers' comp insurer have accepted the injury as compensable under the Connecticut Workers' Compensation Act. This means the claim is formally open and under the Commission's authority.

✅ Locks in Key Information

It documents the essential details of the case: the average weekly wage, compensation rate, body part(s) accepted, and the status of the claim (e.g., temporary total disability). It's the legal foundation of the claim.

✅ Tolls the Statute of Limitations

Once a jurisdictional VA is issued and approved, it can toll the statute of limitations. That's especially important in repetitive trauma claims or where an injured worker may later develop complications or need additional treatment.

✅ Supports Future Benefits

Having this foundational agreement in place helps streamline future proceedings, including approvals for medical treatment, wage replacement benefits, and potential settlements.

Bottom line: If you don't have a jurisdictional VA in place, the rest of your claim could be built on shaky ground.

What Is a Specific Voluntary Agreement?

A Specific Voluntary Agreement is narrower in scope and typically comes later in the claim, after the injured worker has reached maximum medical improvement (MMI).

✅ Establishes Permanent Partial Disability (PPD)

A specific VA is used to document the treating physician's permanent partial disability rating for a particular body part. For example, a doctor might assign a 10% PPD to the right shoulder.

The VA will include:

• The body part injured

• The date of MMI

• The percentage of permanent disability

• The number of weeks of compensation owed

• The dollar value of the award

✅ Triggers Scheduled Award Payments

Under Connecticut law, certain injuries entitle injured workers to scheduled benefits under §31-308. The specific VA creates the roadmap for those payments.

✅ May Be Issued for Multiple Body Parts

If the injured worker has multiple accepted injuries (e.g., a back injury and a hand injury), the insurer may issue separate specific VAs for each body part — each with its own rating and schedule of payments.

Important note: A specific VA does not establish jurisdiction. It merely documents the PPD aspect of a claim that has already been accepted.

Why This Distinction Matters — Especially for Lawyers

If you're a personal injury lawyer referring a workers' comp case, or a general practice attorney helping a client through the comp process, this is where things can get dicey.

⚠️ Common Mistake: Confusing a Specific VA with a Jurisdictional One

We've seen many cases where the only document in the file is a specific VA — perhaps issued years after the injury. The lawyer or injured worker assumes the claim is fully accepted and open. But in reality, there's no jurisdictional VA on file.

This can be a big problem if:

• The worker needs additional treatment and the insurer denies it

• You're trying to reopen the case under §31-315

• You're litigating a Form 36 to reduce benefits

• The worker has a relapse or recurrence

Without a jurisdictional VA, you may have no legal footing to assert the Commission's authority — and that can put the entire claim at risk.

How to Tell the Difference

Here's a quick comparison table for easy reference:

What Should You Do If There's No Jurisdictional VA?

If you're involved in a Connecticut workers' compensation claim and can't locate a jurisdictional VA, don't panic — but don't wait, either.

✅ Request One

Ask the insurance company to issue a jurisdictional VA reflecting the accepted facts and terms of the claim.

✅ File a Hearing Request

If the carrier refuses or stalls, you may need to request a Form 30C hearing to formally establish compensability through litigation.

✅ Consult a Workers' Comp Specialist

At the Law Offices of James F. Aspell, P.C., we regularly assist attorneys and injured workers with exactly these kinds of problems. We'll review the file, track down the documentation, and take immediate steps to protect the claim.

Contact us today if you're unsure whether the VA in your case is the right one.

Why This Matters to Referring Attorneys

Many of our best cases come from lawyers who don't regularly handle workers' compensation matters — but want to make sure their clients are in good hands.

Knowing the difference between a jurisdictional and a specific VA can save your client from future complications and preserve your referral relationship.

At our firm, we keep your client fully informed and you updated as the case progresses. We honor referral agreements and make sure your client gets the compensation they deserve.

If you have a workers' comp case you'd like to refer, or just want to talk through a question on a file — we're happy to help.

Final Thoughts

Voluntary Agreements are essential tools in Connecticut workers' compensation cases. But they aren't all created equal. Knowing whether you're looking at a jurisdictional VA or a specific VA can mean the difference between a smoothly managed claim and a procedural headache that delays justice for your client.

Whether you're an injured worker trying to make sense of your paperwork, or a lawyer looking to ensure your client is protected, we're here to help guide you through the process.