Tuesday, January 27, 2009

CRB Says, "No" To 31-312 lost time payments while on PPD

In Dellarocco vs. Town of Old Saybrook, a Compensation Review Board opinion released January 27, 2009, the CRB has held that a claimant may not collect "lost time" payments pursuant to Section 31-312 while collecting permanent partial disability (PPD) benefits at the same time. This decision is squarely in line with the longstanding notion that one cannot "double dip" and collect two benefits for the same period of lost time.

Hopefully no one is surprised by this one.

Monday, January 26, 2009

Dislike Your Doctor? It Could be Worse

Evidently, not unlike United States Senators, surgeons have taken to carpetbagging. For the record, I have not heard of this happening in Connecticut, however I cannot say that it hasnt occurred. Best advice: Stick with a well known and respected local physician, preferably one well versed in Connecticut worker's compensation law.

If your employer is denying you medical care, or access to a physician of your choice, contact our office for assistance.

Workers' Compensation: Iowa Joins Other States Not Adopting the AMA Guides 6th Edition

Workers' Compensation: Iowa Joins Other States Not Adopting the AMA Guides 6th Edition

Friday, January 23, 2009

Know Your ALJ

Social Security Administrative Law Judges are a unique breed. This website will allow you to check, by name of Judge, his or her productivity. Fascinating. Have Fun.

Denied Your Private Disability Insurance Claim? Read This!

Oftentimes Employees are protected by a Long Term Disability Policy by their employer. A premium payment is taken out of their paycheck for this protection which is designed to pay the worker a weekly benefit should you be unable to work on account of an injury or illness after a certain period of time---typically 180 days. This LTD insurance, as it is called, is a separate and distinct benefit from worker's compensation coverage which is a statutory benefit.

One company offering such a plan is the Unum Insurance Company, also known as Unum Provident. Allegations have been made that Unum has been unilaterally and improperly denying LTD claims for employees thatr should be entitled to receive this this coverage.

If you have been injured or taken ill on the job and have a LTD policy offered by Unum or Unum Provident, and your claim has been denied, check out this website. When you talk to these folks, tell them I referred you.

In the meantime, if you have questions relating to Connecticut worker's compensation or personal injury claim, contact our office.

Tuesday, January 20, 2009

Rumour Fueled Assualt on Homosexual Co-Worker provides Lurid fact pattern but predictable result

In a recently released decision, the CRB was called upon to determine whether or not the trial Commissioner had erred when he found that an assault on a homosexual restaurant worker by a fellow employee after- hours was not compensable within the language of the Connecticut Worker's Coimpensation Act. According to the reported facts in Hernandez v. Pizzaria 101 and Family, The claimant was attacked in a parking lot after work one evening by a fellow employee who had evidently heard a rumour that the Claimant was having a homosexual relationship with the attacker. The rumour reportedly got back to the attacker's hometown in Mexico, where the attacker's girlfriend got wind of it and was not surprisingly distressed.

Despite the vivid and somewhat intriguing fact pattern, the case really just stands for the axiomatic proposition in Connecticut worker's compensation law that assaults by co-worker's (no matter how intriguing the circumstances) and any other manner of workplace brawl or tomfoolery are not compensable under our Act.

If you are injured on the job in connecticut, feel free to call our offices for a free, no obligation assessment of your case.

Does He or Doesn't He?

For many of us in the field of Connecticut worker's compensation law, a burning question is often whether or not an employer is insured for worker's compensation coverage. Now, thanks to the hard work of our Commission, and the miracles of technology, we need wonder no more.

On December 22nd, Connecticut rolled out it's online verification system. Now, it is a simple matter of entering your employer's name and the date you were injured to determine whether or not coverage was in effect to protect you.

If you have any questions about this, feel free to contact our offices.