Durniak v. August Winter & Sons, Inc.

610 A.2d 1277, 222 Conn. 775, 1992 Conn. LEXIS 221
CourtSupreme Court of Connecticut
DecidedJuly 14, 1992
Docket14526
StatusPublished
Cited by90 cases

This text of 610 A.2d 1277 (Durniak v. August Winter & Sons, 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
Durniak v. August Winter & Sons, Inc., 610 A.2d 1277, 222 Conn. 775, 1992 Conn. LEXIS 221 (Colo. 1992).

Opinion

Peters, C. J.

Our statutes permit an injured employee to pursue a personal injury action against a third party tortfeasor, even though the employee’s exclusive remedy against his employer is the recovery of workers’ compensation benefits. General Statutes §§ 31-284 (a)1 [777]*777and 31-293 (a).2 The issue in this case is whether the third party tortfeasor may raise the negligence of the employer as a special defense when the employer has intervened in the personal injury action as party plaintiff in order to secure the employer’s statutory right to reimbursement of workers’ compensation benefits.

[778]*778The plaintiff, Barbara Durniak, individually and as administratrix of the estate of Michael Durniak, brought this action in the United States District Court to recover for negligence and for breach of contract because of fatal injuries suffered by her decedent on a construction site allegedly under the control of the defendant, August Winter and Sons, Inc. The decedent’s employer, C.R. Meyer and Sons Company (employer), then filed a complaint, as intervening plaintiff, for reimbursement of workers’ compensation benefits in accordance with § 31-293 (a). Thereafter, the defendant amended its answer to add a third special defense alleging that the decedent’s injuries had resulted from the negligence of the intervening plaintiff. The District Court referred to the magistrate a motion by the intervening plaintiff to strike the third special defense. The magistrate recommended that the motion be granted but suggested that the District Court consider requesting certification of the interpretation of § 31-293 (a) to this court pursuant to General Statutes § 51-199a and Practice Book § 4168. We granted the District Court’s request for certification, and we answer the certified question,3 “No.”

The record certified by the District Court provides the following factual information. The plaintiff’s decedent, a carpenter employed by the intervening plaintiff, suffered fatal injuries when he fell through a hole in the floor of a construction site. The plaintiff’s complaint alleges that the decedent’s injury and death were attributable to the negligence of the defendant in its conduct at the construction site and to the defendant’s failure to maintain proper barricades or guardrails in [779]*779accordance with contract specifications. The defendant’s third special defense alleges that whatever injuries the plaintiff’s decedent might have suffered resulted from the negligence of the employer.

In his ruling on the employer’s motion to strike, the magistrate noted that the text of § 31-293 neither precludes nor authorizes the special defense raised by the defendant. He concluded, however, that particular weight should be given to the absence of statutory authorization for the defense. Because workers’ compensation is governed by an “explicit legislative scheme,” he held that one would reasonably expect to find some express evidence of legislative intent if the statutory claim for reimbursement provided in § 31-293 (a) were to be open to the “fault-based contest” proposed by the defendant. He therefore ruled that, absent a certification of the question to this court, the motion to strike should be granted. The District Court then initiated the certification process that led to the present proceedings.

Our analysis of the competing rights of a defendant and an intervening employer is guided by four overlapping principles that inform the rights established by § 31-293 (a). First, the statute protects an injured employee by allowing the employee to sue a third party tortfeasor in a private cause of action for damages, such as pain and suffering, that are uncompensated by a workers’ compensation award. Skitromo v. Meriden Yellow Cab Co., 204 Conn. 485, 488, 528 A.2d 826 (1987). Second, the statute protects an employer by allowing the employer to obtain reimbursement for workers’ compensation benefits from a third party tortfeasor, either by becoming an intervening plaintiff in the employee’s cause of action or by bringing a separate action derivative of the employee’s cause of action. Id. Third, the employer’s statutory right to subrogation of the proceeds of the employee’s claim against the tortfeasor implements the public policy of prevent[780]*780ing double recovery by an injured employee. Enquist v. General Datacom, 218 Conn. 19, 26, 587 A.2d 1029 (1991). Fourth, the employer’s statutory right to reimbursement reenforces the public policy that, between the employer and the employee, workers’ compensation provides the exclusive remedy for personal injury to the employee. Bouley v. Norwich, 222 Conn. 744, 755-56, 610 A.2d 1245 (1992); Sgueglia v. Milne Construction Co., 212 Conn. 427, 433, 562 A.2d 505 (1989).

Bearing these principles in mind, we turn to the language of § 31-293 (a) to see whether it authorizes the special defense against the employer that the defendant seeks to assert in this case. The language is illuminating both for what it says and for what it does not say. The statute unconditionally authorizes reimbursement to the employer “[i]f such employer and employee join as parties plaintiff in such action and any damages are recovered.” It provides for the apportionment of any damages award so that “the claim of the employer, as defined in this section, shall take precedence over that of the injured employee in the proceeds of such recovery, after the deduction of reasonable and necessary expenditures, including attorneys’ fees, incurred by the employee in effecting such recovery.” Although the statute thus recognizes the propriety of some deductions as offsets to the employer’s statutory subrogation claim, the statute does not make the employer’s negligence a ground for limiting the employer’s recovery.

The defendant maintains, however, that we should attach significance to the absence of language in § 31-293 (a) abolishing the common law rights of third party tortfeasors. He asks us to infer, from this absence, a legislative intent to treat the relationship between the tortfeasor and the employer as incorporating common law precepts of contributory or comparative negligence. Such an inference is unwarranted.

[781]*781We have repeatedly observed that our act represents a complex and comprehensive statutory scheme balancing the rights and claims of the employer and the employee arising out of work-related personal injuries. Because of the comprehensive nature of the act, the responsibility for carving out exceptions from any one of its provisions belongs to the legislature and not to the courts. Bouley v. Norwich, supra, 760-61; Panaro v. Electrolux Corporation, 208 Conn. 589, 605, 545 A.2d 1086 (1988); Mingachos v. CBS, Inc., 196 Conn. 91, 106, 491 A.2d 368 (1985). The legislature manifestly has the competence to enact statutes relating workers’ compensation to tort reform. See, e.g., General Statutes § 52-572r (c). Absent such express legislative intervention, we have held that we should not assume that the legislature intended to create an exception for aggravated torts; Mingachos v. CBS, Inc., supra; or for uninsured motorist benefits. Bouley v. Norwich, supra, 761.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gonzalez v. O. & G. Industries, Inc.
140 A.3d 950 (Supreme Court of Connecticut, 2016)
Thomas v. Department of Developmental Services
999 A.2d 682 (Supreme Court of Connecticut, 2010)
Cruz v. Montanez
984 A.2d 705 (Supreme Court of Connecticut, 2009)
Royal Indemnity Co. v. Terra Firma, Inc.
947 A.2d 913 (Supreme Court of Connecticut, 2008)
Brown v. Soh
909 A.2d 43 (Supreme Court of Connecticut, 2006)
Royal Indemnity Co. v. Terra Firma, Inc.
948 A.2d 1101 (Connecticut Superior Court, 2006)
Goodyear v. Discala
849 A.2d 791 (Supreme Court of Connecticut, 2004)
MacK Trucks, Inc. v. Tackett
841 So. 2d 1107 (Mississippi Supreme Court, 2003)
Wilson v. Rc Service Co., No. Cv99 0081115s (Feb. 19, 2003)
2003 Conn. Super. Ct. 2381 (Connecticut Superior Court, 2003)
Guimont v. Franckling, No. Cv 01-0811430 S (Feb. 14, 2003)
2003 Conn. Super. Ct. 2578-am (Connecticut Superior Court, 2003)
Laliberte v. United Security, Inc.
801 A.2d 783 (Supreme Court of Connecticut, 2002)
Schietinger v. Southern New England, No. X03 Cv 99 0506065s (Feb. 14, 2002)
2002 Conn. Super. Ct. 1804 (Connecticut Superior Court, 2002)
Beecher v. Town of Shelton, No. Cv 98-0417052 S (Nov. 30, 2001)
2001 Conn. Super. Ct. 15816 (Connecticut Superior Court, 2001)
Isaacs v. Ottaviano
783 A.2d 485 (Connecticut Appellate Court, 2001)
Guerrera v. Tomlinson-Hawley-Patterson, No. Cv 98-0409904s (Jul. 13, 2001)
2001 Conn. Super. Ct. 9610 (Connecticut Superior Court, 2001)
Vaught v. Pequot Properties, No. 554980 (Jun. 1, 2001)
2001 Conn. Super. Ct. 7654 (Connecticut Superior Court, 2001)
Park v. Commerce Industry Insurance, No. Cv 98 490969 (May 21, 2001)
2001 Conn. Super. Ct. 6928 (Connecticut Superior Court, 2001)
ACCU FAB & CONST., INC. v. Ladner
778 So. 2d 766 (Mississippi Supreme Court, 2001)
Calore v. Town of Stratford, No. Cv98 035 71 47 S (Jan. 8, 2001)
2001 Conn. Super. Ct. 152 (Connecticut Superior Court, 2001)
Guerrera v. Tomlinson-Hawley-Patterson Inc., No. 409904 (Sep. 6, 2000)
2000 Conn. Super. Ct. 10816 (Connecticut Superior Court, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
610 A.2d 1277, 222 Conn. 775, 1992 Conn. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/durniak-v-august-winter-sons-inc-conn-1992.