Case: DiNuzzo v. Dan Perkins Chevrolet Geo, Inc. (SC 17869) November 2009
Court: Connecticut Supreme Court
District: New Haven
Synopsis: Although the deceased worker’s treating physician testified that his work-related injury resulted in inactivity and obesity that led to a heart attack, without some evidence establishing that the worker in fact suffered a fatal heart attack or actually suffered from atherosclerotic heart disease, the causal link between the compensable injury and the alleged manner of death simply was too weak to support a reasonable inference that the two events were connected.
Case Link: http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR294/294cr756.pdf
Case Citation: 294 Conn. 132, 982 A.2d 157 (Conn. 2009)
Tags: heart attack · Workers' Compensation
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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)
Tags: job injury · Workers' Compensation
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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)
Tags: hypertension · stress · stroke · Workers' Compensation
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Case: Brown v. United Technologies / Pratt & Whitney (AC 29293) February 2009
Court: Connecticut Appellate Court
Trial Commission: Middletown
Synopsis: Employee who regularly walked around the employer’s grounds at lunchtime for exercise fell and hurt herself. Conn. Gen. Statutes § 31- 275 (16) (B) (i) provides that for the purposes of the act, ‘‘personal injury’’ or ‘‘injury’’ shall not be construed to include ‘‘[a]n injury to an employee that results from the employee’s voluntary participation in any activity the major purpose of which is social or recreational, including, but not limited to, athletic events, parties and picnics, whether or not the employer pays some or all of the cost of such activity.” Under this statute, the employee’s injury was not covered for workers comepsation because she was engaged in an act for her relaxation or enjoyment on the employer’s premises.
Tags: work injury · Workers' Compensation
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Case: Solonick v. Electric Boat Corp. (AC 29575) December 2008
Court: Connecticut Appellate Court
Synopsis: In workers’ compensation claims for heart attacks or stress related heart claims, there is no requirement that the employee prove that work conditions were sudden, unusual or unexpected. Instead, the employee must show a direct causal connection between the injury, whether it be the result of accident or disease, and the employment.
Case Link: http://www.jud.ct.gov/external/supapp/Cases/AROap/AP111/111AP93.pdf
Tags: heart attack · stress · Workers' Compensation
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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
Tags: back injury · job injury · work injury · Workers' Compensation
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Case: Deschenes v. Transco, Inc. (SC 17852), (SC 17853) August 2008
Court: Connecticut Supreme Court
District: Norwich
Synopsis: Permanent partial disability benefits may be apportioned when disability results from the combination of two concurrently developing disease processes, one that is nonoccupational, and the other that is work related, and the claimant’s occupation did not influence the development of the nonoccupational disease.
Case Link: http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR288/288cr172.pdf
Tags: asbestos · cigarette · emphysema · lung · smoking · Workers' Compensation
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Case: Birnie v. Electric Boat Corp. (SC 17764) August 2008
Court: Connecticut Supreme Court
Synopsis: Collateral estoppel found improper because the Longshore Act decision did not clearly explain the contributing factor standard that was applied. There was no basis, therefore, to adequate compare the contributing factor standard and the substantial factor causation standard required under the Workers Compensation Act.
Case Link: http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR288/288CR147.pdf
Tags: causation · Workers' Compensation
