Going v. Cromwell Fire District

267 A.2d 428, 159 Conn. 53, 1970 Conn. LEXIS 447
CourtSupreme Court of Connecticut
DecidedJanuary 15, 1970
StatusPublished
Cited by16 cases

This text of 267 A.2d 428 (Going v. Cromwell Fire District) 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
Going v. Cromwell Fire District, 267 A.2d 428, 159 Conn. 53, 1970 Conn. LEXIS 447 (Colo. 1970).

Opinions

Cotter, J.

The defendant the Aetna Insurance Company, the insurer of the liability of the Cromwell fire district, claims that compensation due the plaintiff for an injury should be prorated between it and the second injury and compensation assurance fund pursuant to § 31-310 of the General Statutes, the pertinent portion of which is printed in the footnote.1 This section of the statute originated in the 1967 session of the General Assembly as Public Act No. 842, § 17. The workmen’s compensation commissioner made a finding and pro forma award in favor of the plaintiff. The facts found have been treated by the parties as the facts in the case. The Superior Court reserved the matter for the advice of this court pursuant to General Statutes § 31-324.

[55]*55The following facts were found by the commissioner : The plaintiff, when he sustained accidental injuries on March 31,1968, while in the performance of fire duties, was an “active member” of the Cromwell fire district “volunteer fire department,” as the term is used in General Statutes § 7-314a (a) (2).2 As a result of such injuries he was totally incapacitated for a period of five and three-sevenths weeks and thus was entitled to compensation at the maximum rate of $74 a week pursuant to § 7-314a (b).2 During the twenty-six weeks preceding the injury, he was regularly employed by Western Electric Company, Inc., and was so employed on the date of his injury as a volunteer fireman, and his average weekly wage as an employee of that company for the applicable period, computed pursuant to General Statutes § 31-310, was $168.04. The defendant state treasurer is the custodian of the second injury and compensation assurance fund.

The determination whether the claim for acci[56]*56dental injury of a volunteer fireman in the plaintiff’s position comes within the meaning of General Statutes § 31-310, which is part of chapter 568, entitled “Workmen’s Compensation Act,” must be governed by the expressed intention of the General Assembly. Smith v. State, 138 Conn. 620, 623, 88 A.2d 117. The pertinent portion of § 31-310 which must be construed for a determination of the issue in the present case originated in the 1967 legislative session as § 17 of Public Act No. 842. It is part of the Workmen’s Compensation Act and is designed to protect the concurrent employee such as a wage earner having more than one job who, for instance, might lose his earnings from his principal job because of an injury occurring on another job with a low compensation rate.3 Cf. Emerick v. Monaco & Sons Motor Sales, Inc., 145 Conn. 101, 102, 105, 139 A.2d 156.

A brief legislative history of the evolution of aeci[57]*57dent insurance protection provided for Connecticut firemen will help to resolve the ambiguity in the statutes and clarify the question whether General Statutes § 31-310 applies to a claim arising under § 7-314a. In McDonald v. New Haven, 94 Conn. 403, 413, 418, 109 A. 176, this court held that a full-time fireman, regularly paid by a municipality, did not hold his position under a “contract of service” and so was not an “employee” within the meaning of the Workmen’s Compensation Act as it then existed. At the legislative session immediately following that decision, the Workmen’s Compensation Act was amended so as specifically to include within the definition of an “employee” any salaried officer or paid member of any police department or fire department. His “employer” for the purposes of workmen’s compensation was stated to be the municipality which paid him. See Public Acts 1921, c. 306 § 11 (now part of General Statutes § 31-275); Lake v. Bridgeport, 102 Conn. 337, 340, 128 A. 782. While this amendment offered standard protection to full-time, regularly paid firemen hired by a municipality, it apparently was not considered to cover all volunteer firemen since the 1941 General Assembly enacted chapter 206, § 1, of the 1941 Public Acts (Sup. 1941, § 70f), which applied to “all active members of such [volunteer] fire company, whether paid or not for their services, except firemen who, because of contract of employment, come under the workmen’s compensation act.” See General Statutes § 7-314. Although it gave insurance coverage to volunteer firemen, the benefits were less generous than under the Workmen’s Compensation Act. By No. 892 of the 1967 Public Acts (General Statutes § 7-314a), the General Assembly repealed this system of compensation for volunteer firemen who, be[58]*58cause of the lack of contract employment, did not come under the Workmen’s Compensation Act and provided (§ 2) that they “shall be compensated in accordance -with the provisions of chapter 568 [the Workmen’s Compensation Act]” of the General Statutes.

The defendant the Aetna Insurance Company agrees that the plaintiff comes within General Statutes § 7-314a (a) (2) and that it is liable to him under that act for a portion of the compensation due him. It claims, however, that by virtue of § 31-310 it is not liable for the full award. As a matter of statutory interpretation, we must agree with the state treasurer’s contention that § 31-310 has no application to claims arising under § 7-314a (a) (2).

Section 31-310 refers to an injured employee who “has worked for more than one employer.” The basic question is whether the plaintiff, who admittedly worked for Western Electric, also worked for the municipality as a second employer within the meaning of § 31-310, as the Aetna argues. If the plaintiff, in his capacity as a volunteer fireman, had entered into or worked under a contract of employment with the municipality, he would have been an employee of the municipality under § 31-2754 and been compensated solely because of the provisions of chapter 568 and not because of the provisions of § 7-314a. Public Acts 1967, No. 842, § 17 (General Statutes § 31-310) and No. 892 (General Statutes § 7-314a), pertinent to this discussion, were addressed to entirely different problems. The latter [59]*59act substituted an upgrading of the benefits for volunteer firemen equated to those in the Workmen’s Compensation Act and provides, inter alia, that “[f]or the purpose of this section” the wage rate shall be taken as that producing the maximum benefit rate as provided under § 31-309. General Statutes § 7-314a (b). The former act concerns the problem of the wage earner with two jobs who might be disadvantaged owing to an injury incurred on a lower paying job. There is no relationship between the two situations. The purpose of the workmen’s compensation law is to provide for the workman, and it is presumed that the General Assembly acted with the knowledge that the objective in enacting such legislation was to protect the employee. Klapproth v. Turner, 156 Conn. 276, 279, 281, 240 A.2d 886.

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Going v. Cromwell Fire District
267 A.2d 428 (Supreme Court of Connecticut, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
267 A.2d 428, 159 Conn. 53, 1970 Conn. LEXIS 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/going-v-cromwell-fire-district-conn-1970.