Barton v. Ducci Electrical Contractors, Inc.

730 A.2d 1149, 248 Conn. 793, 1999 Conn. LEXIS 146
CourtSupreme Court of Connecticut
DecidedMay 25, 1999
DocketSC 15953
StatusPublished
Cited by31 cases

This text of 730 A.2d 1149 (Barton v. Ducci Electrical Contractors, Inc.) 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
Barton v. Ducci Electrical Contractors, Inc., 730 A.2d 1149, 248 Conn. 793, 1999 Conn. LEXIS 146 (Colo. 1999).

Opinions

Opinion

NORCOTT, J.

The sole issue in this case is whether General Statutes § 31-308 (b), which contains a schedule of compensation for loss or permanent partial disability of enumerated body parts and organs that does not include the skin, violates either the equal protection or due process clauses of the fourteenth amendment to the United States constitution and article first of the Connecticut constitution.

[795]*795The plaintiff, Thomas F. Barton, brought a claim for workers’ compensation benefits as a result of having been burned severely on portions of his face, hands, arms and torso in a propane fire that had occurred while he was employed by the named defendant Ducci Electrical Contractors, Inc.1 The plaintiff sought compensation pursuant to § 31-308 (b),2 for, inter alia, per[796]*796manent partial disability of the skin. The workers’ [797]*797compensation commissioner (commissioner) found that the plaintiff had suffered a “20 percent permanent partial impairment of the skin . . . because of the loss of the function of [the plaintiffs] skin in addition to the permanent scars and disfigurement under [§] 31-308 (c),” but did not award compensation for that impairment because the skin was excluded from the § 31-308 (b) schedule of body parts and organs for which permanent partial disability benefits may be awarded. The commissioner denied compensation on the grounds that the workers’ compensation commission lacked jurisdiction to award compensation for a body part or member not set forth in § 31-308 (b). The plaintiff appealed that decision to the compensation review board (board).

The board, acting pursuant to General Statutes § 31-324,3 reserved the following two questions for the opin[798]*798ion of the Appellate Court: (1) Does § 31-308 (b) deprive the plaintiff of equal protection or due process of law under the fourteenth amendment to the United States constitution by providing permanent partial disability benefits for damage to certain scheduled organs and body parts, such as the gall bladder, teeth, pancreas and sense of smell, while denying permanent partial disability benefits to claimants who have sustained damage to the skin, as in the present case, or damage to other vital organs, such as the intestines, esophagus, endocrine glands, uterus, abdominal wall, and others? (2) Does § 31-308 (b) deprive the plaintiff of equal protection or due process of law under the provisions of article first of the Connecticut constitution by providing permanent partial disability benefits for damage to certain scheduled organs and body parts, such as the gall bladder, teeth, pancreas and sense of smell, while denying permanent partial disability benefits to claimants who have sustained damage to the skin, as in the present case, or damage to other vital organs, such as the intestines, esophagus, endocrine glands, uterus, abdominal wall, and others? We transferred the reservation from the Appellate Court to this court pursuant to Practice Book § 65-1 and General Statutes § 51-199 (c).

[799]*799The relevant facts are undisputed. The plaintiff sought to recover workers’ compensation benefits for injuries that he had sustained in a propane fire at his work site while employed by the defendant as an electrician. According to the commissioner’s findings, the propane fire damaged the plaintiffs skin such that he suffers from continual lesions, and further, that he must avoid exposure to the sun because of his damaged facial skin. With regard to the plaintiffs physical injuries, the defendant and its insurer provided the plaintiff with the following compensation benefits: medical and surgical treatment and temporary total disability compensation; compromised disfigurement compensation of 150 weeks; and permanent partial disability compensation of 118.53 weeks, based on an accepted 33.1 percent loss of use of the plaintiffs right master hand and 40.6 percent loss of use of his left hand. The plaintiff and the defendant and its insurer also had entered into a stipulation and release of claims for scarring and disfigurement, pursuant to § 31-308 (c),4 which was approved by the commissioner.

[800]*800The plaintiff sought compensation for a psychiatric condition, a permanent partial disability from the psychiatric condition, and a permanent partial disability of the skin.* *5 The commissioner further found that the plaintiff had suffered a 20 percent permanent partial impairment of his skin because of the loss of skin function, in addition to the permanent scars and disfigurement under § 31-308 (c). The commissioner concluded, however, that he had no jurisdiction to award compensation for such an impairment because the skin was not an organ or body part listed in the schedule of enumerated body parts and organs for which compensation is available under § 31-308 (b). Accordingly, the commissioner dismissed the plaintiffs claim for permanent partial disability based on the injury to his skin.

Before proceeding, we note that the reserved questions are too broad for us to answer as framed. In evaluating the constitutionality of statutes, we are mindful of the principle that “[a] party mounting a constitutional challenge to the validity of a statute must provide an adequate factual record in order to meet its burden of demonstrating the statute’s adverse impact on some protected interest of its own, in its own particular case, and not merely under some hypothetical set of facts as yet unproven. Whether a case comes to us by way of reservation or after a final judgment, the rule is the same. We do not give advisory opinions, nor do we sit as roving commissions assigned to pass judgment on the validity of legislative enactments. Determination of [801]*801the scope and constitutionality of legislation in advance of its immediate adverse effect in the context of a concrete case involves too remote and abstract an inquiry for the proper exercise of the judicial function.” (Internal quotation marks omitted.) Moore v. Ganim, 233 Conn. 557, 570, 660 A.2d 742 (1995), quoting International Longshoremen’s & Warehousemen’s Union, Local 37 v. Boyd, 347 U.S. 222, 224, 74 S. Ct. 447, 98 L. Ed. 650 (1954).

Answering the reserved questions as they are framed would require us to evaluate whether the statute is unconstitutional based on the exclusion of not only the skin as an organ, but also the exclusion of “the intestines, esophagus, endocrine glands, uterus, abdominal wall, and others” from the schedule. The plaintiff, however, seeks compensation for damages exclusively to the skin. For us to address the exclusion of any body part or organ other than the skin from the § 31-308 (b) schedule of compensable organs and body parts would render this an advisory opinion to that extent.

In the past, in order to remedy the overbroad nature of particular reserved questions, we have modified the reserved question. “This court has overlooked a defect in a reservation because of the importance of the issues involved and the fact that the claims of the parties have been fully presented in argument and brief ....

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Bluebook (online)
730 A.2d 1149, 248 Conn. 793, 1999 Conn. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barton-v-ducci-electrical-contractors-inc-conn-1999.