Balloli v. New Haven Police Dept.

CourtSupreme Court of Connecticut
DecidedDecember 27, 2016
DocketSC19584
StatusPublished

This text of Balloli v. New Haven Police Dept. (Balloli v. New Haven Police Dept.) 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
Balloli v. New Haven Police Dept., (Colo. 2016).

Opinion

****************************************************** The ‘‘officially released’’ date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ‘‘officially released’’ date appearing in the opinion. In no event will any such motions be accepted before the ‘‘officially released’’ date. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Con- necticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be repro- duced and distributed without the express written per- mission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** PETER BALLOLI v. NEW HAVEN POLICE DEPARTMENT ET AL. (SC 19584) Rogers, C. J., and Palmer, Zarella, Eveleigh, McDonald, Robinson and Vertefeuille, Js.* Argued October 21—officially released, December 27, 2016

Andrew J. Morrissey, with whom was David J. Mor- rissey, for the appellant (plaintiff). Jason M. Dodge, with whom, on the brief, was Kath- erine E. Abel, for the appellees (defendants). Opinion

EVELEIGH, J. The sole issue in this appeal is whether the plaintiff, Peter Balloli, who was employed by the named defendant, the New Haven Police Department,1 had departed his ‘‘place of abode’’ when he was injured, thus entitling him to workers’ compensation benefits pursuant to General Statutes § 31-275 (1) (A) (i) of the Workers’ Compensation Act (act).2 The plaintiff appeals3 from a decision of the Workers’ Compensation Review Board (board), which affirmed the decision of the Workers’ Compensation Commissioner for the Third District (commissioner) dismissing the plaintiff’s claim. On appeal, the plaintiff claims that he is entitled to workers’ compensation benefits because he had departed his ‘‘place of abode’’ for duty as a police offi- cer. We agree with the plaintiff. The following facts, as found by the commissioner, and procedural history are relevant to the disposition of this appeal. The plaintiff was employed by the defen- dant as a police officer on October 25, 2012. The plaintiff was scheduled to perform an extra duty job as a police officer for the defendant beginning at 7 a.m. on that date. The plaintiff moved his vehicle out of his driveway at approximately 5:30 a.m. on that morning so that his son could move another vehicle out of the driveway. After moving his vehicle, the plaintiff parked it in the street directly in front of his house. The vehicle was parked so that the passenger side of the vehicle was facing the house and the driver’s side of the vehicle was facing the street. After parking his vehicle on the street, the plaintiff went back into his home and finished getting ready for work. At approximately 6 a.m., the plaintiff walked through his breezeway, down the driveway and to the driver’s side door of his vehicle, which was still parked on the street. While standing on the street at the driver’s side door, the plaintiff dropped his keys. The keys ricocheted off his foot and landed underneath his vehicle. The plaintiff squatted down and twisted to pick up his keys, injuring his lumbar spine. The commissioner dismissed the plaintiff’s claim, concluding that ‘‘[b]ased on the totality of the evidence submitted . . . the [plaintiff had] not met his burden [of demonstrating] that the . . . injury arose out of and in the course of his employment as he was injured at home prior to commencing his normal commute to work. He had not departed from his ‘place of abode’ pursuant to . . . § 31-275 (1) (A) (i) at the time he sustained his back injury and therefore this incident is not compensable.’’ The plaintiff appealed to the board, which affirmed the decision of the commissioner. This appeal followed. review applicable to workers’ compensation appeals. The principles that govern our standard of review in workers’ compensation appeals are well established. The conclusions drawn by [the commissioner] from the facts found must stand unless they result from an incorrect application of the law to the subordinate facts or from an inference illegally or unreasonably drawn from them. . . . [Moreover, it] is well established that [a]lthough not dispositive, we accord great weight to the construction given to the workers’ compensation statutes by the commissioner and [the] board. . . . Cases that present pure questions of law, however, invoke a broader standard of review than is ordinarily involved in deciding whether, in light of the evidence, the agency has acted unreasonably, arbitrarily, illegally or in abuse of its discretion. . . . We have determined, therefore, that the traditional deference accorded to an agency’s interpretation of a statutory term is unwar- ranted when the construction of a statute . . . has not previously been subjected to judicial scrutiny [or to] . . . a governmental agency’s time-tested interpreta- tion . . . .’’ (Internal quotation marks omitted.) Estate of Rock v. University of Connecticut, 323 Conn. 26, 30, 144 A.3d 420 (2016). In the present case, the plaintiff does not challenge the factual findings of the commissioner, but instead asserts that the board improperly affirmed the commis- sioner’s incorrect interpretation of the term ‘‘place of abode’’ in § 31-275 (1) (A) (i). Accordingly, the plaintiff’s claim raises an issue of statutory construction. ‘‘When interpreting the statutory provisions at issue in the pre- sent case, we are mindful of the proposition that all workers’ compensation legislation, because of its reme- dial nature, should be broadly construed in favor of disabled employees.’’ (Internal quotation marks omit- ted.) Ciarlelli v. Hamden, 299 Conn. 265, 277, 8 A.3d 1093 (2010). ‘‘When construing a statute, [o]ur funda- mental objective is to ascertain and give effect to the apparent intent of the legislature. . . . In other words, we seek to determine, in a reasoned manner, the mean- ing of the statutory language as applied to the facts of [the] case, including the question of whether the language actually does apply. . . . In seeking to deter- mine that meaning, General Statutes § 1-2z directs us first to consider the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or unworkable results, extratextual evidence of the meaning of the statute shall not be considered. . . . When a statute is not plain and unambiguous, we also look for interpretive guidance to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same general subject matter . . . .’’ (Footnote omitted; internal quotation marks omitted.) Vincent v. New Haven, 285 Conn. 778, 784–85,

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State v. Roque
460 A.2d 26 (Supreme Court of Connecticut, 1983)
McCoy v. Commissioner of Public Safety
12 A.3d 948 (Supreme Court of Connecticut, 2011)
Ciarlelli v. TOWN OF HAMDEN
8 A.3d 1093 (Supreme Court of Connecticut, 2010)
Clover v. Urban
142 A. 389 (Supreme Court of Connecticut, 1928)
Estate of Rock v. University of Connecticut
144 A.3d 420 (Supreme Court of Connecticut, 2016)
State v. Sealy
546 A.2d 271 (Supreme Court of Connecticut, 1988)
Perun v. City of Danbury
67 A.3d 1018 (Connecticut Appellate Court, 2013)

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Balloli v. New Haven Police Dept., Counsel Stack Legal Research, https://law.counselstack.com/opinion/balloli-v-new-haven-police-dept-conn-2016.