Kluttz v. Howard

636 A.2d 816, 228 Conn. 401, 1994 Conn. LEXIS 17
Supreme Court of Connecticut·Decided February 1, 1994·No. 14680·Published·Cited by 31 cases

Opinions

Peters, C. J.

The sole issue in this appeal is whether our Workers’ Compensation Act (act)1 applies to an out-of-state nonresident employee of an out-of-state employer who sustains an employment-related injury [403] as a result of an accident in Connecticut. In considering this issue, we must decide whether to revisit and overrule our recent decision in Cleveland v. U.S. Printing Ink, Inc., 218 Conn. 181, 588 A.2d 194 (1991). The defendant Second Injury and Compensation Assurance Fund (Fund) appealed to the Appellate Court2 from the decision of the compensation review division (review division) that affirmed the finding and award of the workers’ compensation commissioner (commissioner) on the plaintiff’s claim for workers’ compensation benefits. We transferred the appeal to this court pursuant to Practice Book § 4023 and General Statutes § 51-199 (c). We affirm the decision of the review division.

The relevant facts are as follows. The plaintiff was a truck driver whose residence was in North Carolina. He was employed by the defendant Glenn Howard, doing business as Southland Distributors, a North Carolina company having an office in North Carolina but not in Connecticut. The plaintiff’s duties as a truck operator required him to pick up and deliver produce in numerous states and Canada. The employer did not carry workers’ compensation insurance.

In January, 1983, while in the course of his employment and operating a truck owned by his employer, the plaintiff was involved in an accident on Route 1-95 in Stratford as he was approaching a toll booth. As a result of the accident, the plaintiff sustained serious injuries and was hospitalized, first in Bridgeport and then in Winston-Salem, North Carolina.

[404] The plaintiff filed a workers’ compensation claim in Connecticut.3 The commissioner found that the plaintiff had suffered a total temporary disability for more than one year, had permanent significant scarring of his body, and had sustained some permanent partial disability. The commissioner, thus, ordered the Fund to pay various allowed medical bills, temporary total disability benefits, specific benefits for various scars on the plaintiff’s body and specific permanent disability benefits for injuries causally connected to the motor vehicle accident as determined at a future hearing upon the request of either party. Implicit within the commissioner’s finding and award was the conclusion that the commissioner had jurisdiction over the claim of the plaintiff for his injuries while in Connecticut.

The Fund appealed the finding and award to the review division, asserting that the commissioner had improperly determined that he had jurisdiction over the plaintiff’s claim and had improperly denied the Fund’s motion to correct various paragraphs of the finding and award.4 The review division affirmed the finding and award of the commissioner, stating that, “[i]n the instant matter there is no question that Connecticut is the place where the injury occurred. Thus, under the principles of stare decisis we are bound to follow Cleveland.” Under Cleveland, the commissioner had jurisdiction over the plaintiff’s claim because the plaintiff’s injury had occurred in this state.

[405] On appeal, the Fund contends that the review division improperly affirmed the commissioner’s conclusion that he had jurisdiction in the circumstances of this case. The Fund emphasizes that the plaintiff was a North Carolina truck driver, who simply happened to be injured in Connecticut although he worked for a North Carolina employer, who did not carry workers’ compensation insurance.5 We disagree with the Fund’s contention.

In Cleveland v. U.S. Printing Ink, Inc., supra, we directly addressed the question of the applicability of Connecticut’s act to an out-of-state nonresident employee of an out-of-state employer who is injured in the course of employment while in Connecticut. After full briefing and argument, this court, en banc, held that “[tjhe remedial purpose of our Workers’ Compensation Act supports application of its provisions in cases [406] where an injured employee seeks an award of benefits and Connecticut is the place of the injury, the place of the employment contract or the place of the employment relation.” (Emphasis added.) Id., 195. We see no reason to revisit this determination. Stare decisis, although not an end in itself, serves the important function of preserving stability and certainty in the law. Accordingly, “a court should not overrule its earlier decisions unless the most cogent reasons and inescapable logic require it. Maltbie, Conn. App. Proc., p. 226.” Herald Publishing Co. v. Bill, 142 Conn. 53, 62, 111 A.2d 4 (1955); see also State v. Somerville, 214 Conn. 378, 384-85, 572 A.2d 944 (1990); White v. Burns, 213 Conn. 307, 335-36, 567 A.2d 1195 (1990). This is not such a case.

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Kluttz v. Howard, 636 A.2d 816, 228 Conn. 401, 1994 Conn. LEXIS 17 (Colo. 1994).

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