Bahre v. Hogbloom

295 A.2d 547, 162 Conn. 549, 1972 Conn. LEXIS 901
CourtSupreme Court of Connecticut
DecidedMarch 22, 1972
StatusPublished
Cited by46 cases

This text of 295 A.2d 547 (Bahre v. Hogbloom) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bahre v. Hogbloom, 295 A.2d 547, 162 Conn. 549, 1972 Conn. LEXIS 901 (Colo. 1972).

Opinion

Cotter, J.

The plaintiff, on December 17, 1954, while employed by the named defendant, sustained a back injury arising out of and in the course of his employment. He was paid temporary total compensation until March 2, 1965, pursuant to awards entered by the workmen’s compensation commissioner. After payments had been made for total incapacity for a period of more than nine years, the commissioner found that as of March 2, 1965, the plaintiff had a capacity for work and thus had only a permanent partial disability and reduced his compensation rate accordingly; and, thereafter, payments for partial disability were made to July 22, 1968. On July 27,1968, however, the plaintiff under *551 went surgery in the form of a spinal fusion. He again became totally disabled and the commissioner then ordered that temporary total payments be resumed as of July 22, 1968, and continue until it could be shown that the incapacity from the injury had decreased or ceased.

Thereafter, in compliance with the order, compensation was paid for total incapacity to the claimant to January 26, 1970, when compensation payments were discontinued because the employer claimed that the combined temporary total and temporary partial payments had reached 780 weeks. The plaintiff claimed that, pursuant to § 2287c of the 1953 Cumulative Supplement, now designated § 31-307 of the General Statutes, he was entitled to a continuation of total disability payments until his incapacity had decreased or ceased. It was the position of the defendants, who are the employer and his insurer, however, that the portion of § 2288c of the 1953 Cumulative Supplement applied, which stated in part: “Such combined compensation for total incapacity, partial incapacity or specific loss of a member or of the use thereof and disfigurement shall in no case be more than the sum equivalent to compensation for seven hundred and eighty weeks”; and that since compensation for total and partial incapacity for 780 weeks had been paid, the period limited by that statute, liability for further compensation had terminated. The defendants’ claim was sustained by the commissioner. The plaintiff appealed to the Superior Court, which rendered judgment dismissing the appeal. The plaintiff has appealed from that judgment.

The present controversy, it is agreed, is concerned solely with an interpretation of §§ 2287c and 2288c of the 1953 Cumulative Supplement, i.e., whether *552 the plaintiff is entitled to compensation for total disability under § 2287c, or is limited by the provision relating to combined payments in § 2288c because there was a period of partial incapacity intervening between the episodes of total incapacity. A resolution of the question must depend on an interpretation of 2287c and 2288c 1 because an apparent inconsistency and contradiction exists in the statutes. The pertinent portion of the statute relative to total incapacity, discussed above, as adopted in 1953, reads: “Sec. 2287c. Compensation for total incapacity. If any injury for which compensation is provided under the provisions of this chapter shall result in total incapacity to work, there shall be paid to the injured employee a weekly compensation equal to sixty per cent of his average weekly earnings at the time of injury; but the compensation shall in no case be more than forty dollars or less than twelve dollars weekly; and such compensation shall not continue longer than the period of total incapacity.” At that legislative session, as indicated, an increase in the weekly compensation was adopted and the limitation of 780 weeks for total incapacity was removed from the former statute. Pursuant to § 7430, Rev. 1949, the limitation for payment for total disability at that time was set at 520 weeks. At the January session of the General Assembly in 1949 this had been increased to 624 weeks, § 617a, 1949 Sup.; and it was in 1951, § 1313b, 1951 Cum. Sup., that it was increased to 780 weeks. The same 1953 wording of § 2287c relative to the continuance of total incapacity payments may be found in the present statute designated § 31-307.

The history of the statute, § 2287c, Cum. Sup. *553 1953, demonstrates a clear intention by the legislature to upgrade and liberalize workmen’s compensation payments through the years and to extend systematically the duration of payments, finally resulting in a complete removal of the ceiling on total incapacity in the session of 1953. The language of the statute is plain and unequivocal so that there is no need for statutory construction; the intention, however, clearly expressed in the statute is, nevertheless, corroborated by its history, discussed above, the objects sought to be accomplished and the purpose it is designed to serve. Little v. Ives, 158 Conn. 452, 455, 262 A.2d 174. A change of legislative intent was clearly indicated by the change of language in the amendment and it would be presumed that the legislature did not intend to produce an absurd consequence and limit the effect of that amendment through the application of another statute. Bridgeport v. Stratford, 142 Conn. 634, 643-44, 116 A.2d 508; Gallagher v. New York & N.E.R. Co., 57 Conn. 442, 445, 18 A. 786.

The defendants take the position that the last sentence of § 2288c, pertinent provisions of which appear in footnote, 2 precludes payment beyond a *554 period of 780 weeks because that “limitation applies to any combination of compensation paid for total incapacity, partial incapacity or specific loss of use of a member and disfigurement.” 3 An inconsistency or contradiction appears to exist in the two statutes. In such a ease, in construing a legislative enactment, the various provisions should be considered as a whole to reconcile all parts as far as possible. Obuchowski v. Dental Commission, 149 Conn. 257, 266, 178 A.2d 537.

The court, in construing a legislative act, considers its history, its language, the purpose it is designed to serve and the circumstances surrounding its enactment; and, in determining its purpose and scope, makes every part operative and harmonious with every other part insofar as is possible since the letter of a law or its literal meaning is not in all cases a correct guide to the intent and true sense of the lawmaker. Feldman v. Administrator, 138 Conn. 724, 727, 89 A.2d 210. The legislative objects must be *555 taken into account. Norwalk v. Daniele, 143 Conn. 85, 87, 119 A.2d 732.

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Bluebook (online)
295 A.2d 547, 162 Conn. 549, 1972 Conn. LEXIS 901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bahre-v-hogbloom-conn-1972.