Author Archives: Jay Butchko
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 »
Appealing A Denied Connecticut Workers’ Compensation Claim
Having one’s workers’ compensation claim denied can be a jarring experience; you are in need of medical care, and to be denied it is a frightening thing. There are many reasons that claims may be denied, and many of them are insurmountable – but with the right legal help, you can file an appeal… Read More »
High Temperatures Increase Risk For Workers
During the past few weeks, the United States and most of the rest of the world has been experiencing a significant heat wave, which is predicted to continue by the National Weather Service. Higher-than-average temperatures and humidity means increased risk for workers whose jobs primarily place them outside, or in locations which are poorly… Read More »
Can I Receive Connecticut Workers’ Compensation For A Car Accident On The Job?
Something many employees are not aware of is that they are still considered ‘on the job’ if they are away from their employer’s premises, driving somewhere or otherwise engaged in work for their employer. This often comes up if an accident happens; the injured employee may have no idea that they are still ‘at… Read More »
How Can I Tell If I’m Experiencing Workers’ Compensation Retaliation?
If you are injured on the job, you have the right to file a workers’ compensation claim with your employer’s insurer, and receive appropriate medical care. However, some employers do not take it well when an employee actually uses these procedures, despite Connecticut law branding workers’ compensation as the exclusive remedy against an employer…. Read More »