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Employer Who Fails to Contest Workers’ Compensation Case in Time Cannot Contest Compensability or Extent of Disability Caused by Injury

November 21st, 2009 No Comments

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Case:  Donahue v. Veridiem, Inc.  (SC 18237) May 2009

Court:  Connecticut Supreme Court

Workers’ Comp District:  New Britain

Synopsis:  An employer who fails to contest liability or pay benefits in a workers compensation case within 28 days of the injury cannot contest liability for the injury or the extent of disability.  The injured worker still has to present evidence to the commissioner to prove the case, but the employer cannot challenge that proof.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR291/291CR69.pdf

Case Citation:  291 Conn. 537, 547, 970 A.2d 630 (2009)

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CUTPA claim cannot be used to avoid Workers Compensation exclusivity

October 7th, 2008 No Comments

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Case:  Stearns & Wheeler, LLC v. Kowalsky Brothers, Inc. (SC 17906) 2008

Court:  Connecticut Supreme Court

Trial Court:  Hartford

Synopsis:  The estates of two workers who died on the job sued the general contractor for the wrongful deaths.  The general contractor sued the workers’ employer under the Connecticut Unfair Trade Practice Act (CUTPA).  The general contractor then assigned (gave the rights to) the CUTPA claim to the estates.  As a result of the assignment, the estates were suing the employer for the death of the workers.  The Supreme Court ruled against the estates, stating that because the Workers Compensation Act prohibits workers who are hurt at work (or the estates of workers who die on the jog) from suing their employers, the estates could not proceed with the case against the employer.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR289/289CR146.pdf

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Denial of work injury herniated disc back claim upheld.

September 26th, 2008 No Comments

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Case:  Greene v. Aces Acess (AC 29007) September 2008

Court:  Connecticut Appellate Court

Synopsis:  A former college basketball player filed a workers compensation case claiming he had hurt his back at his job when he was lifting a patient in a wheelchair onto a ramp.  The Appellate Court upheld the denial of benefits, noting that the claimant had previously injured his back in a car accident and while playing basketball.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROap/AP110/110AP500.pdf

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