Compensability of workplace brawl a question of fact

In Fekieta v. Drill Masters, Eldarado Tool, Inc., the CRB was called upon to review the Trial Commissioners decision that a workplace fight between two employees was not compensable. Generally speaking, Connecticut law holds that if you are injured as a result of a fight at work, then that is not causally related to the job itself and thus is not covered for the purposes of workers comp. In Fekieta, that facts were somewhat unique and an argument was made that the fight between the employees was engendered by one worker interfering with the other doing his job. Under certain conditions, I can see this argument carrying the day however in this case, the trial commissioner simply did not find the claimant credible. Not surprisingly, the CRB did not disturb the decision. Questions of credibility are solely within the province of the trier of fact.

Conn. Senate OKs cop workers' comp in animal cases

From The Associated Press tonight


The Associated Press Wednesday, April 28, 2010; 7:48 PM
HARTFORD, Conn. -- The Connecticut Senate has approved a bill allowing police officers to seek workers' compensation for stress after using deadly force on mammals.
The bill stems from the police killing of a 200-pound pet chimpanzee named Travis that went on a rampage in Stamford last year and mauled Charla Nash, a friend of the animal's owner.
Senators passed the measure 29-4 on Wednesday. It now awaits House action.
Stamford Police Officer Frank Chiafari (chee-uh-FAHR'-ee), who shot the animal, told lawmakers he suffered from post-traumatic stress disorder after the harrowing experience but his claim for workers' compensation coverage was denied.
Under current state law, an officer can receive mental or emotional impairment benefits after using deadly force against a human being but not an animal.

CRB reaffirms Totalityof Factors Test

In Cruz v. 21 Catherine Avenue, the CRB reaffirmed its position that in analyzing whether or not an injured worker is an employee for the purposes of Connecticut workers compensation law, requires the trial commissioner to look at the totallity of factors annexed to the worker and the principal. The Totality of factors test is set forth in Hanson v. Transportation General, Inc., 245 Conn. 613 (1998).

If you or a loved one are injured at work ad there is a question as to whether or not the victim is an employee, and thus eligible for workers compensation benefits, the safe course is to consult and experienced, board certified Hartford workers compensation lawyer.

Massive Natural Gas Exolosion Kills 5 and Injures More in Middletown

In what will likely prove to be Connecticut's largest single worker's compensation incident in years, the Associated Press is reporting that at least 5 workers were killed today and 12 more were injured when a Kleen Energy plant they were constructing in Middletown, Connecticut erupted in a natural gas fueled fireball. The photos I have scene from the scene depict the building ---which was under consruction but reportedly 95% complete--- with both of its' sides blown out. Homes across the Connecticut River in Portland suffered cracks in their walls and buckled doors as testimony to the force of the explosion.

In a case such as this, I am certain the members of the Connecticut Worker's Compensation bar will rally together to aid in bringing justice to the families of those killed and care to those who have been injured. Our prayers go out to all involved.

CGS 31-312 Mileage Rate Falls as of January 2010

Effective January 1, 2010, the mileage reimbursement rate for Connecticut Worker's Compensation Claim related travel fell to 50 cents per mile regardless of the date of injury.

The notation on the Connecticut WCC website may be read by clicking here.

Expert's Testimony Leads to New trial in Connecticut Medical Malpractice Case.

The case of ERIK M. PIN ET AL. v. DAVID L. KRAMER ET AL.
(AC 29314 was officially released by the Connecticut Appellate Court on January 19th, 2010. In this medical malpractice case brought against a respected Fairfield County orthopedic surgeon, the jury returned a verdict in favor of the Defendant, David Kramer, MD. That is to say that the Plaintiff--the one who sued---lost their case and recovered no money for the doctor's alleged malpractice.

At trial, the Defendant presented testimony from an expert witness, Todd Albert, MD, who testified that Dr Kramer had not deviated from the requisite standard of care. Doctor Albert went on, however, to opine that in not ordering certain additional tests, Dr. Kramer was on solid footing:

"I am with residents, fellows,
and medical students all the time. So, we are
ordering a lot of tests on everything so they have the
opportunity to read them. And you could say, oh, that’s
wasteful, but that is part of being at a teaching institution.
One. It is for teaching purposes as much as anything,
for they have one more chance to look at just
one more—they have another dot in their exposure.
‘‘The second reason is much different than in this
part of the country and this state. I live in the worst
malpractice community in the world. And people—and
we practice a lot of defensive medicine. It’s true. It’s
unfortunate, but it’s true. And so we order way more
tests. You hear about the cost of medicine going up.
Weare the epicenter of it because we have more doctors
leaving because they can’t get insurance and things like
that. So, we order way more tests than are necessary
to protect ourselves. And that’s just a fact. And so we
get acclimated to practicing like that."

At that point, the Plaintiff's lawyer moved for a mistrial based upon Dr. Albert's prejudicial remarks. The trial court refused to do that and the Plaintiff, after losing the case, took an appeal.

The Appellate Court ruled that Dr. Albert's remarks as cited above were in fact unduly prejusicial and ordered a new trial.

The entire text of the Court's opinion can be read here.

Kevin Maher Passes

Long time Connecticut Worker's Compensation attorney Kevin Maher pased away Monday, January 11, 2010. Kevin was one of the founding principals of Maher and Williams in Fairfield. He was beloved by all of us who toil in the field of worker's compensation law, whether we agreed with the stance he took or not in any given case. Kevin was one of the classic lawyers on the Connecticut scene. He will be missed.

Kevin's obituary may be read here.