Lunch Break Walks: You're On Your Own

Our Appellate Court has recently held that if a Connecticut Worker injury occurs while the employee is taking a walk on his or her lunch break, then the case is not compensable under Connecticut worker's compensation law. The case in question is that of Brown vs.United Technologies which is published at 112 Conn. App. 492 and an appeal to the Connecticut Supreme Court is pending.

The Appellate Court concluded that the employee's injury which occured while "power walking" on a lunch break, although occuring on the employer's property, was excluded as a recreational activity purusant to CGS Section 31-275(16)(b)(1). It is unknown at present whether or not the Supreme Court will reach a different result or whether they will even hear the case.

Contact an experienced Connecticut worker's compensation Attorney if you have been injured on the job.

The New Comp Books are Here, The New Comp Books are Here"

Bulletin 48 is out---in a delightful shade of blue. Get your copy at any District office.

New Practitioner Fee Guidelines Available

The Chairman's office has released a new edition of the Connecticut Practitioner's Fee Guidelines setting out the allowable costs for procedures performed in worker's comp cases.

Supremes Take Up Expert Witness Testimony and Rule for the Good Guys

Sullivan v. Metro North will be released on Monday. The decision is significant in that it reminds civil trial courts that the scope of expert testimony can be quite broad and that the trial judge that excludes such testimony does so at their peril. I consider this a "win" for the Plaintiff's bar.

Reminder to the Wise: There Are Limits on Your Medical Treatment in Accepted Comp Cases

In Caverno vs. Mory's Association the CRB has upheld the Trial Commissioner's denial of disc replacement surgery sought by the claimant. This case involves an accepted low back injury of long standing involving a waitress at the venerable Mory's in New Haven. After what appears to have been significant treatment/evaluations by various orthopedists and neurolgists, the claimant made her way to Dr. Yue at Yale who opined that he felt the claimant was an appropriate candidate for disc replacement surgery. The Commissioner, as is his right, ordered a Commissioner's exam with Dr. Druckemiller, a Hartford neurosugeon.

Dr. Druckemiller rendered an opinion which, following a formal hearing, the trial commissioner relied upon and denied the surgery proposed by Dr. Yue. The CRB has affirmed this denial.

I will refrain from editorializing on this decision and let the reader review the case and draw their own conclusions.

Forgive Me if I Blow My own Horn for a Second

Your humble scribe was enrolled in the Pro Bono honor roll for 2008 by the Connecticut Bar Association. I try hard to give back to the community by accepting cases on behalf of the indigent whom I then represent without cost.

This is an expensive country to live in, and legal services are an exceptionally expensive commodity. I am happy I have been lucky enough to make enough money to support my family and pay my bills and still help out those less fortunate by providing them with no cost legal services.

Independent Contractors

In the case of Rodriguez vs Ed Construction the Compensation Review Board takes up another independent contractor vs. employee case.

I have seen a number of similar fact patterns come through my door in recent years and am concerned that the CRB takes an unusually narrow view of who is and who is not an employee. I worry that I am settling these cases too low because when I speak with my colleagues who are labor lawyers, they seem to be far more fearful of worker's being categorized as employees than our CRB is. This is a troublesome issue. I firmly believe Connecticut workers need adequate protection and I think this whole "independent contractor" business has been expanded too far.

I think it is time another appeal from the CRB is taken.