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Workers’ Compensation Commissioner Not Bound by State Medical Examining Board’s Award of Retirement Disability Benefits for Stress and Stroke

April 13th, 2009 No Comments

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Case:  Dzienkiewicz v. Dept. of Correction (SC 18255) April 2009

Court:  Connecticut Supreme Court

Workers’ Comp District:  Middletown

Synopsis:  A workers compensation commissioner was not required to accept as an admission by the state department of corrections a decision by the state disability medical board granting disability retirement to a corrections officer for stroke, stress and hypertension.  The court held that the mere fact that the defendant and the medical board are both agencies of the state does not establish such unity of identity that the state, instead of the department of corrections, is deemed the party opponent.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR291/291cr53.pdf

Case Citation: 291 Conn. 214 (2009)

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