Hansen v. Gordon

602 A.2d 560, 221 Conn. 29, 1992 Conn. LEXIS 11
CourtSupreme Court of Connecticut
DecidedJanuary 28, 1992
Docket14237
StatusPublished
Cited by36 cases

This text of 602 A.2d 560 (Hansen v. Gordon) 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
Hansen v. Gordon, 602 A.2d 560, 221 Conn. 29, 1992 Conn. LEXIS 11 (Colo. 1992).

Opinion

Berdon, J.

This appeal, arising under the Workers’ Compensation Act, General Statutes § 31-275 et seq., raises the following two issues: (1) whether hepatitis type B virus (HBV) is an occupational disease for a dental hygienist within the meaning of the act when the disease arises out of and in the course of her employment; and, if so, (2) whether a dental hygienist who has suffered no physical impairment or symptoms of the disease can be found to have sustained partial incapacity within the meaning of the act as a result of being a carrier of the disease.

. The plaintiff, Elizabeth Hansen (claimant), was employed by Robert Gordon, a dentist. The compensation review division affirmed an award of benefits from the workers’ compensation commissioner to the claimant. Gordon and his liability insurer under the Workers’ Compensation Act, St. Paul Insurance Company (collectively, employer), took this appeal to the Appellate Court. We transferred the appeal to this court pursuant to Practice Book § 4023. We conclude that, under the facts in this case, HBV is compensable as an occupational disease under the Workers’ Compensation Act, and that the claimant sustained a partial incapacity as a result of being a carrier of the disease. Accordingly, we affirm the decision of the compensation review division.

[31]*31The employer, on appeal, concedes that the facts the commissioner found must stand. “[T]he power and duty of determining the facts rests on the commissioner, the trier of facts. . . . The conclusions drawn by him 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.” (Citations omitted.) Adzima v. UAC/Norden Division, 177 Conn. 107, 117-18, 411 A.2d 924 (1979).

We thus decide the issues in this case on the basis of the following facts found and conclusions drawn by the commissioner. The claimant had been employed by Gordon as a dental hygienist since 1980. In 1984, the claimant, her coworkers and Gordon began to wear masks and gloves due to their increased awareness of infection from communicable diseases. In 1984 and 1985, the claimant and Gordon received precautionary vaccinations against hepatitis. During March, 1986, the claimant’s husband was diagnosed as having HBV. As a result of this diagnosis, the claimant was tested and diagnosed as being a carrier of HBV. On March 13, 1986, the claimant ceased employment as a dental hygienist when she and Gordon agreed that her condition posed a threat to patients.

Hepatitis is an inflammation of the liver and is usually manifested by jaundice. HBV is a contagious disease that is widespread in the community and is most commonly acquired through bodily secretions, such as blood, serum, semen and saliva. It can be transmitted through blood transfusions, sexual intercourse, or other direct contact with a contagious person in which bodily secretions are involved. Dental hygienists and other health care providers, whose work may subject them to contact with blood and other secretions, are at particular risk for contracting the disease. The commissioner determined that “[bjased on all the evidence [32]*32presented it is more likely than not that Claimant’s infection with hepatitis arose out of and in the course of her employment.”

In viewing the issues raised in this case, we are mindful of the remedial purposes of the Workers’ Compensation Act and “ ‘that it should be broadly construed to accomplish its humanitarian purpose.’ ” Ash v. New Milford, 207 Conn. 665, 672, 541 A.2d 1233 (1988), quoting Adzima v.UAC/Norden Division, supra, 117. Nevertheless, we also recognize that the legislature did not intend to impose upon the employer liability for diseases contracted outside the work place, or to transform the Workers’ Compensation Act into a general health and benefit insurance program that would compensate an employee for all contagious diseases.

I

A disease is compensable as an “injury”; General Statutes § 31-275 (8); (1) if it arises out of and in the course of the employment; General Statutes § 31-275 (12); and (2) if it is an occupational disease that is “peculiar to the occupation in which the employee was engaged” and “due to causes in excess of the ordinary hazards of employment as such.” General Statutes § 31-275 (11).1

[33]*33The employer does not dispute the commissioner’s conclusion that “it is more likely than not that Claimant’s infection with hepatitis arose out of and in the course of her employment.” The first requirement has therefore been met. In Fair v. People’s Savings Bank, 207 Conn. 535, 539-41, 542 A.2d 1118 (1988), we quoted with approval the following: “ ‘[I]n determining whether a particular injury arose out of and in the course of employment, the . . . Commissioner must necessarily draw an inference from what he has found to be the basic facts. The propriety of that inference, of course, is vital to the validity of the order subsequently entered. But the scope of judicial review of that inference is sharply limited by the . . . statutory provisions. If supported by the evidence and not inconsistent with the law, the . . . Commissioner’s inference that an injury did or did not arise out of and in the course of employment is conclusive.’ . . . Cardillo v. Liberty Mutual Co., 330 U.S. 469, 477-78, 67 S. Ct. 801, 91 L. Ed. 1028 (1947).”

The employer claims on appeal, however, that the claimant has not satisfied her burden of proving that HBV falls within the definition of an occupational disease. The employer argues that for the disease to be classified as “occupational” under the Workers’ Compensation Act, it must be one where “the risk of acquiring the ailment arises only during employment.” At oral argument, the employer further embellished this argument by claiming that contagious diseases present in the community at large must be excluded from coverage under the Workers’ Compensation Act. These exclusions are much too broad and find no support in our prior cases.

[34]*34Shortly after the Workers’ Compensation Act was amended to its present pertinent language,2 we had occasion to interpret the definition of “occupational disease” as being “a disease which is a natural incident of a particular occupation, and must attach to that occupation a hazard that distinguishes it from the usual run of occupations and is in excess of that attending employment in general.” Glodenis v. American Brass Co., 118 Conn. 29, 40-41, 170 A. 146 (1934). In making this determination, we analyzed the statutory language requiring the disease to be “peculiar to the occupation in which the employee was engaged and due to causes in excess of the ordinary hazards of employment as such.” General Statutes § 31-275 (11). We concluded that this “does not require that a disease, to be within the definition, should be one which arises solely [35]

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Bluebook (online)
602 A.2d 560, 221 Conn. 29, 1992 Conn. LEXIS 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansen-v-gordon-conn-1992.