Author Archives: Jay Butchko
Repetitive Stress Injuries In Connecticut Workplaces
There are many different types of injuries that may be compensable under Connecticut workers’ compensation law, with some being more easily diagnosable than others. Repetitive stress injuries (RSIs) are a type of injury that is very common in the workplace, but is very difficult to actually diagnose and compensate simply because it is difficult… Read More »
Employer Retaliation After Your Workers’ Compensation Claim
If you work for an employer who carries workers’ compensation coverage, and you are injured on the job, you have the right to file for workers’ compensation benefits. In all but the rarest situations, workers’ compensation is seen as the exclusive remedy for on-the-job injuries, meaning that a worker cannot sue or pursue other… Read More »
Legislative Update: Findings Not Made Cannot Be Upheld
A recent case from the Appellate Court of Connecticut establishes a firm reminder that findings of work capacity or maximum medical improvement must officially be made by a Workers’ Compensation Commissioner before they can be relied upon during an appeal or on remand to a lower court. The defendants in the case of Arrico… Read More »
Law Regulating Work From Home Injuries Passed In Ohio
A recent bill passed in Ohio may change that state’s laws around worker pay and benefits permanently, and lawmakers in other states are watching to see the effects. In June 2022, Gov. Mike DeWine signed House Bill 477, which amended Ohio’s workers’ compensation laws to address issues facing those who work at home. Ohio’s… Read More »
Legislative Update: “Substantial Compliance” May Be Enough
A recent case decided by the Appellate Court of Connecticut deals with the issue of proper notice required in a Connecticut workers’ compensation claim. The defendant in Fieldhouse v. Regency Coachworks, Inc., et al. (2022) sought to appeal the decision of the state’s Compensation Review Board, which allowed the plaintiff’s workers’ compensation claim to… Read More »
Connecticut Warehouse Workers Face Increased Dangers
In the last few years, U.S. commerce has undergone a major restructuring, with many stores ramping up their online presence during and after the COVID-19 pandemic. However, with increased demand for online shopping comes the demand for more warehouse and shipping personnel – and while some companies are taking all due precautions for their… Read More »
Legislative Update: Exclusivity Provision Bars Bad Faith Claims
A recent case from the Connecticut Supreme Court reaffirms a time-honored principle of workers’ compensation law in stating that claims for alleged bad faith processing of a workers’ compensation claim are barred by the “exclusive remedy” provision of the Connecticut Workers’ Compensation Act (WCA). The plaintiff in Desmond v Yale-New Haven Hospital, Inc., et… Read More »
Trench-Related Deaths Climb In 2022
Trench excavation is a somewhat unusual vocation, but it is a crucial one, removing any material that would prevent foundations for structures like basements or bridges from being built. That said, it is one of the most hazardous occupations one can have in the United States, and in recent weeks and months, this has… Read More »
Is Medical Inflation Affecting Workers’ Compensation Claims?
Something many people are unaware of is that there is a specific cost of labor, which is factored by averaging several costs related to hiring, training, and maintaining workers. Workers’ compensation premium cost is one of the most important factors – which, in a time of general inflation, can cause worries for employers (and… Read More »
Surgeon General Urges Supreme Court To Avoid Medical Marijuana Cases
In mid-May 2022, Surgeon General Elizabeth Prelogar was asked to author an amicus brief to the U.S. Supreme Court “on behalf of the United States” in the combined cases of Musta v. Mendota Heights Dental Center, et al, and Bierbach v. Digger’s Polaris, et al. The Surgeon General did so, arguing that the justices… Read More »