Undocumented Immigrants Lose Out on Benefits

Under the Connecticut workers’ compensation statutes (codified under Title 31), immigrants who are not U.S. citizens enjoy many, but not all, of the same rights as U.S. citizens. The workers’ compensation system affords medical and indemnity benefits to eligible claimants. Within the indemnity category, there are lost time benefits, permanency benefits, and earning impairment benefits. Particularly, this eligibility hinges on whether an individual is documented and can legally work in
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Connecticut Legislative Update: Workers’ Compensation Coverage Expanded for Some First Responders

In a rare legislative change to Connecticut Workers’ Compensation Law, Gov. Ned Lamont recently signed into law Senate Bill No. 164 (Public Act 19-17), which expands workers’ compensation coverage for some first responders who experience mental or emotional impairment following certain traumatic events experienced in the line of duty. Specifically, the bill allows for police officers, firefighters, and parole officers that have been diagnosed with Post-Traumatic Stress Disorder (PTSD) to
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Construction Sites, Injured Contractors & Workers’ Compensation

In Connecticut, the “traditional” rules of workers’ compensation are relatively well established. A restaurant employee cuts his finger preparing food on shift; a home health aide pulls a muscle in her back while moving a patient on shift; a delivery truck driver gets into a motor vehicle accident while delivering to a customer. But what if you are a contractor or subcontractor on a job/site and get injured? Do you
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2019 Mileage Rates Reach Second Highest in 20 Years

The Internal Revenue Service (IRS) has issued its annual mileage rates for 2019. This year, the mileage rate has increased from 54 cents per mile to 58 cents per mile, which reflects a 6.42 percent increase from 2018. A review of the mileage rates from 1997 to present show rates as low as 31 cents (1999) and as high as 58 cents (July to December 2008). The rate has only
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2019 Mileage Rates Reach Second Highest in Twenty Years

Every year the Internal Revenue Service (IRS) issues the annual mileage rates, and like clockwork, the IRS has released the updated rates for 2019. This year the mileage rate has increased from 54.5 cents per mile to 58 cents per mile, which reflects a 6.42 percent increase from 2018. A review of the mileage rates from 1997 to present show rates as low as 31 cents (1999) and as high
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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
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Moratorium to all Moratoriums

Public Act No. 11-205 significantly impacts the way in which the Connecticut Worker’s Compensation Act (C.G.S. § 31-275 through 31-355b) is applied. Generally, under Connecticut’s Worker’s Compensation laws, when an employee is injured in a work related accident, he/she is entitled to worker’s compensation benefits for their injuries. The employer is required to pay both indemnity and medical benefits, in exchange for the employee’s right to sue. However, if the
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Mitigating Some of the Pitfalls Leading to Preclusion

Preclusion. In Connecticut Workers’ Compensation, it’s a word that employers, claims handlers, and respondent’s counsel alike hope never to have associated with one of their files. Which begs the questions, what exactly is preclusion? How can it come into a case? And how can it be avoided? After a claimant serves the respondent and the Workers’ Compensation Commission with a notice of a claim for benefits (Form 30C), the respondent
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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
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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
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