Michael D. Schweitzer, Author at Workers' Compensation Defense

July 27, 2020 Connecticut / COVID-19

Executive Order Creates Rebuttable Presumption for COVID-19 Workers’ Compensation Claims in Connecticut

On July 24, 2020, Connecticut Governor Ned Lamont signed Executive Order 7JJJ, which creates a rebuttable presumption that a COVID-19 diagnosis arises out of and in the course of employment for workers in certain circumstances. As in other states that have created similar rebuttable presumptions, either by executive order or statute, the Connecticut rule applies to workers’ compensation claims by “essential” workers employed in one of the state’s 16 Critical Infrastructure Sectors as defined by the Connecticut Department of Economic and Community Development …

October 1, 2018 Connecticut / General

Is a Workplace Injury Caused by a Non-Occupational Medical Condition Compensable? Connecticut Appellate Court says “Yes” in Clements v. Aramark Corporation

It is a fundamental principle of Connecticut workers’ compensation law that in order for an injury to be compensable, it must occur in the course of and arise out of the claimant’s employment. In the recent Appellate Court decision of Clements v. Aramark Corp., the court considered whether an employee who fell and injured herself at work due to an unrelated medical condition met this burden. In a critical decision that overturned both the Trial Commissioner and Compensation Review Board (CRB), the court found in …

June 5, 2017 Connecticut

The Erosion of the Off-Premises Lunch Defense

The Compensation Review Board (CRB) in DeForest v. Yale-New Haven Hospital, 6075 CRB-3-16-2 (April 6, 2017) issued a ruling that has continued the erosion of the off-premises lunch defense. In the late 1990s, injuries that occurred during an off-premises lunch break were typically not compensable based on the ground that such activity did not occur in the course and scope of employment. See Kaplan v. State of Connecticut/Department of Health Services, 2012 CRB-1-94-4 (September 11, 1995). The continued erosion of the off-premises lunch …

May 9, 2017 Connecticut / Post-Accident Drug Testing

Post-Accident Drug Testing: Part 5 — Connecticut

If we assume that the Occupational Safety and Health Administration’s (OSHA) commentary that mandatory post-accident drug testing will deter the reporting of workplace safety incidents, it will make it difficult for the employer/respondent to document and collect evidence to properly investigate the claim. In Connecticut, if a claimant’s intoxication, whether by alcohol or legal/illegal drugs, is a substantial contributing factor in causing a work place accident, then the accident is not compensable. See C.G.S. § 31-275(1)(C). The respondent is required to prove that the claimant’s …

March 22, 2017 Connecticut / Medical Marijuana

Medical Marijuana Found Compensable in Connecticut

The Compensation Review Board (CRB) in Connecticut found medical marijuana to be reasonable and necessary medical treatment, and thus, compensable in Petrini v. Marcus Dairy, Inc., 6021 CRB-7-15-7 (May 12, 2016). It is black letter law that “reasonable and necessary” medical care is curative or remedial. “Curative or remedial care is that which seeks to repair the damage to health caused by the job even if not enough health is restored to enable the employee to return to work. Any therapy designed to keep …

March 12, 2017 Connecticut

Legislative Branch Provides Protection to Municipalities from Preclusion: Requires Workers to Send Notice of Claims to Town Clerk

Public Act No. 16-112 amends Section 31-294c, which requires a municipal employee/dependent who files a claim for benefits to send a copy of the written notice of the claim (Form 30C/Form 30D) to the town clerk of the municipality where the employee works. Before the Act, written notice could be sent to almost anyone in a municipality, which created the risk of the claim not being responded to in a timely fashion. The respondent must file a Form 43 contesting a claim, or begin making …

February 17, 2017 Average Weekly Wages / Connecticut

Paid Vacation Weeks Should Be Included in Total Gross Wages and Number of Weeks Worked When Calculating Average Weekly Wages

Generally, the average weekly wages (AWW) equals total gross wages from the 52 weeks prior to the injury, divided by the number of calendar weeks the claimant was employed during that 52-week time period. C.G.S. §31-310. When making the calculation, we do not include absences of seven or more consecutive calendar days or partial weeks worked either at the beginning of employment or on the week of injury. Id.

However, the Appellate Court in Menard v. Willimantic Waste Paper Co., 2016 Conn. App. LEXIS …