An employer is precluded from contesting an employee's claims for worker's compensation benefits, the Connecticut Court of Appeals ruled in Callender v. Reflexite Corp., because it did not meet its obligations under the Connecticut Worker's Compensation Actto file a form officially contesting the claim or to begin payments within twenty-eight days. The defendant argued that the claim related to injuries on which the plaintiff had already made a worker's compensation claim. The court found this argument unpersuasive.
The plaintiff worked for the defendant for close to twenty years, from 1987 until May 11, 2006. This case addressed two worker's compensation claims. The plaintiff filed a claim in October 2005 for injuries allegedly stemming from “repetitive workplace trauma between 1987 and 2004,” involving a painful condition affecting her neck, both shoulders and hands, her right arm, and her lower back. The defendant filed form 43, a notice to contest the claim, and began making payments in a timely manner. The plaintiff continued working for the defendant after that claim, but eventually left her employment due to injuries. She went to the hospital on April 29, 2006 for back spasms and neck pain, and her last day of work was about two weeks later.
The following case is successfully handled in Connecticut courts by Attorney Levin.