Keegan v. Aetna Life & Casualty Insurance

682 A.2d 132, 42 Conn. App. 803, 1996 Conn. App. LEXIS 450
CourtConnecticut Appellate Court
DecidedSeptember 3, 1996
Docket14754
StatusPublished
Cited by12 cases

This text of 682 A.2d 132 (Keegan v. Aetna Life & Casualty Insurance) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Keegan v. Aetna Life & Casualty Insurance, 682 A.2d 132, 42 Conn. App. 803, 1996 Conn. App. LEXIS 450 (Colo. Ct. App. 1996).

Opinion

LANDAU, J.

The plaintiff appeals from the decision of the workers’ compensation review board affirming the commissioner’s dismissal of the plaintiffs claim for lack of subject matter jurisdiction. The plaintiff claims that the review board improperly dismissed her appeal because (1) she has an occupational disease that was proximately caused by her employment and, therefore, the three year statute of limitation of General Statutes § 31-294c (a)1 applies, and (2) she was denied her constitutional rights to equal protection and due process. The defendant asserts that the plaintiff failed to file notice of her claim within one year from the date of her injury as she is required to do by § 31-294c (a),2 and that her claim for compensation is time barred.

The facts are not in dispute. On May 8, 1988, during the course of her employment, the plaintiff attended a workers’ compensation seminar in Syracuse, New York. While retrieving her luggage at the Syracuse airport, the plaintiff was struck on her left hip by a suitcase carried by another individual. The blow threw the plaintiff off balance and caused her immediate pain. At her hotel, the plaintiff continued to feel pain and she noticed that her hip was turning black and blue. Although the [805]*805hematoma and pain subsided after one week, the area of the injury was numb and continued to be numb on November 17, 1992, the date of trial. The plaintiff did not file a workers’ compensation claim immediately following the incident because she did not feel that the injury would result in a serious condition.

In September, 1990, the plaintiff sought medical treatment for recurring back pain, which she attributed to a preexisting back condition. In the course of her treatment, however, the plaintiff was diagnosed as having synovial chondromatosis in her left hip joint. In March, 1991, the plaintiffs physician informed her that her preexisting hip disease was exacerbated by the injury to her hip in May, 1988. On March 29, 1991, the plaintiff filed a written notice of her claim for workers’ compensation benefits with her employer, which was denied.

The commissioner concluded that the plaintiffs hip disease was not an occupational disease within the meaning of General Statutes § 31-275 (15),3 and, therefore, the workers’ compensation commissioner lacked jurisdiction over the matter because the plaintiff failed to file notice of her claim within one year from the date of her May, 1988 injury as required by § 31-294c (a) of the Workers’ Compensation Act (act). The review board affirmed the commissioner’s decision, and this appeal follows. Our first consideration is whether this conclusion was appropriate.

I

It is axiomatic that a tribunal must have jurisdiction over the subject matter it hears and that subject matter jurisdiction is the power of the tribunal to hear and [806]*806determine cases to which the proceedings in question belong. Figueroa v. C & S Ball Bearing, 237 Conn. 1, 4, 675 A.2d 845 (1996). “ ‘Administrative agencies [such as the workers’ compensation commission] are tribunals of limited jurisdiction and their jurisdiction is dependent entirely upon . . . statutes’ . . . .’’Id. “Accordingly, a notice of a claim or the satisfaction of one of the statutory exceptions is a prerequisite that conditions whether the [workers’ compensation] commission has subject matter jurisdiction under the act.” Id., 6. Time limitations governing notice must be strictly complied with. Simmons v. Holcomb, 98 Conn. 770, 775, 120 A. 510 (1923).

Having set out these basic principles, we now consider the distinction between an “accident” and an “occupational disease” under the act. “ ‘Personal injury’ or ‘injury’ includes, in addition to accidental injury which may be definitely located as to the time when and the place where the accident occurred, an injury . . . which is causally connected with . . . employment and is the direct result of repetitive trauma or repetitive acts incident to such employment, and occupational disease.”4 General Statutes § 31-275 (16) (A).

“In interpreting the phrase ‘occupational disease,’ we have stated that the requirement that the disease be peculiar to the occupation and in excess of the ordinary hazards of employment, refers to those diseases in which there is a causal connection between the duties of the employment and the disease contracted by the employee. In other words, [the disease] need not be unique to the occupation of the employee or to the work place; it need merely be so distinctively associated with the employee’s occupation that there is a direct causal connection between the duties of the employ[807]*807ment and the disease contracted. . . . Thus, an occupational disease does not include a disease which results from the peculiar conditions surrounding the employment of the claimant in a kind of work which would not from its nature be more likely to cause it than would other kinds of employment carried on under the same conditions.” (Citation omitted; internal quotation marks omitted.) Crochiere v. Board of Education, 227 Conn. 333, 352-53, 630 A.2d 1027 (1993).

Application of these principles to the facts of this case reveals that the plaintiffs underlying hip disorder is not an occupational disease within the meaning of § 31-275 (15). The disease is not distinctively associated with her duties as an employee of the defendant such that there is a direct causal connection between her employment duties and her injury.5

Consequently, the commissioner and the review board properly concluded that the plaintiffs injury did not constitute an occupational disease and, thus, appropriately applied the one year time limitation of § 31-294c (a). Because the plaintiff did not provide written notice of her injury to the defendant until nearly three years after it had occurred, the commissioner lacked subject matter jurisdiction and properly dismissed her claim.

II

Our inquiry does not end here, however, because the plaintiff has also raised constitutional claims that the review board was not empowered to decide. See Tufaro v. Pepperidge Farm, Inc., 24 Conn. App. 234, 236, 587 [808]*808A.2d 1044 (1991). Specifically, the plaintiff asserts that the application of the one year provision of § 31-294c (a) to her claim violates her rights to equal protection and due process under the United States and Connecticut constitutions. We disagree.

A

The plaintiff first argues that § 31-294c (a) creates two classes of similarly situated employees that receive disparate treatment: employees with occupational diseases, who have three years to file notice of their claim, and employees with preexisting diseases aggravated by traumatic work related injury, who have one year to file notice of their claim. Because this claim does not implicate the fundamental right of access to our courts, we employ the rational basis test in reviewing it. See Zaporta v. Burns, 207 Conn. 496, 504, 542 A.2d 700 (1988).

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Bluebook (online)
682 A.2d 132, 42 Conn. App. 803, 1996 Conn. App. LEXIS 450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keegan-v-aetna-life-casualty-insurance-connappct-1996.