Malinowski v. Sikorsky Aircraft Corp.

207 Conn. App. 266
CourtConnecticut Appellate Court
DecidedSeptember 7, 2021
DocketAC43617
StatusPublished

This text of 207 Conn. App. 266 (Malinowski v. Sikorsky Aircraft Corp.) 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
Malinowski v. Sikorsky Aircraft Corp., 207 Conn. App. 266 (Colo. Ct. App. 2021).

Opinion

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion.

All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative.

The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** RICHARD MALINOWSKI v. SIKORSKY AIRCRAFT CORPORATION ET AL. (AC 43617) Bright, C. J., and Alvord and Alexander, Js.

Syllabus

The defendants, the employer, S Co., and its insurance carrier, A Co., appealed to this court from the decision of the Compensation Review Board, which affirmed the decision of the Worker’s Compensation Com- missioner finding that the plaintiff’s repetitive workplace activities at S Co. substantially and permanently aggravated a preexisting condition in his knee and denying the defendants’ motion for articulation. The plaintiff, who suffered from degenerative arthritis stemming from a work injury he suffered in 1972, and a subsequent surgery in 1973, prior to his employment with S Co., and who ultimately required a total replacement of his left knee, submitted into evidence medical records and correspondence from his treating physician, P. The defendants claimed that the board improperly affirmed the commissioner’s award because, inter alia, P’s expert opinions were not expressed with reason- able medical probability. Held: 1. The board properly affirmed the commissioner’s award. a. The board properly affirmed the commissioner’s finding that P’s opin- ion that there was a causal relationship between the plaintiff’s employ- ment and his need for surgery was expressed with a reasonable degree of medical probability; P opined in unequivocal language that the plain- tiff’s 1972 injury actually had been aggravated by the plaintiff’s work at S Co., pulling and pushing pallets of parts weighing 800 to 1400 pounds for shifts of 12 hours, and, although P’s notes indicated that the plaintiff’s overwhelming medical issue was arthritis and that his need for surgery dated back to his 1973 knee operation, these references did not render P’s entire opinion speculative and were not inconsistent with an opinion that the plaintiff’s workplace activities at S Co. constituted a substantial contributing factor to the plaintiff’s need for surgery because they aggra- vated the plaintiff’s preexisting condition. b. The board properly affirmed the commissioner’s finding that P’s records constituted competent medical evidence from which the commis- sioner could find a causal relationship between the plaintiff’s work activi- ties at S Co. and his need for surgery: P’s records reported the plaintiff’s condition, symptoms and course of treatment and contained P’s expert opinion that the plaintiff’s knee injury was causally related to his work, and the defendants did not object to the admission of P’s records into evidence, nor did they depose P or call him to testify at the hearing; moreover, P’s opinion was not incompetent for a lack of supporting facts, as, although the plaintiff testified that he retrieved the heaviest, 1400 pound fixtures only 20 to 30 times throughout the course of his career, P’s opinion was that pushing heavy carts of up to 1400 pounds during back-to-back 12 hour shifts contributed to the plaintiff’s injury; furthermore, P’s medical evidence was supported by other evidence, including the plaintiff’s extensive testimony as to his workplace activities pushing carts of heavy parts on a regular basis, which the commissioner found credible. c. The commissioner did not improperly refer to the plaintiff’s work activities beyond those expressly identified in P’s records; the commis- sioner had before him expert medical evidence that the plaintiff’s work at S Co. caused his need for surgery, thus, he was not limited to consider only the activities expressly identified by P but was entitled also to consider the plaintiff’s testimony, which in no way undermined the ade- quacy or competency of P’s expert opinion. 2. The board properly affirmed the commissioner’s decision to deny the defendant’s request for articulation; the commissioner did not abuse his discretion in denying the request, as the finding for which the defendants sought an articulation, that the plaintiff’s workplace activities had sub- stantially and permanently aggravated his underlying and preexisting knee condition, when considered together with P’s records, reflected P’s opinion that the work activities aggravated the plaintiff’s underly- ing condition. Argued March 11—officially released September 7, 2021

Procedural History

Appeal from the decision of the Workers’ Compensa- tion Commissioner for the Eighth District finding that the plaintiff had sustained a compensable injury, award- ing certain disability benefits, and denying the motion to correct and for articulation filed by the named defen- dant et al., brought to the Compensation Review Board, which affirmed the commissioner’s decision, and the named defendant et al. appealed to this court. Affirmed. Lucas D. Strunk, with whom was Katherine E. Dudack, for the appellants (named defendant et al.). Donna Civitello, with whom was Robert F. Carter, for the appellee (plaintiff). Opinion

ALVORD, J. The defendant Sikorsky Aircraft Corpo- ration1 appeals from the decision of the Compensation Review Board (board) affirming the decision of the Workers’ Compensation Commissioner for the Eighth District (commissioner). On appeal, the defendant claims that (1) the board erred in affirming the commis- sioner’s finding that the workplace activities of the plaintiff, Richard Malinowski, substantially and perma- nently aggravated preexisting degenerative arthritis in his left knee, resulting in the need for a total knee replacement,2 and (2) the commissioner erred in failing to grant its motion for articulation. We affirm the deci- sion of the board. The following history is necessary for the resolution of this appeal. On February 24, 2012, the plaintiff, who is employed by the defendant, filed a form 30C seeking compensation for an injury to his knees. He noted the date of injury as January 19, 2012, and stated that ‘‘[b]oth knees swelled up during the course of work that day . . . .’’ The hearing before the commissioner was held on April 30, 2015, and May 17, August 10 and November 30, 2016. The commissioner heard the testimony of the plaintiff and received as exhibits, among other docu- ments, medical records and correspondence from Ron- ald S. Paret, a physician who treated the plaintiff for his knee injuries, the defendant’s plant medical facility reports, and deposition transcripts of the plaintiff, Christopher Lena, a physician who evaluated the plain- tiff at the request of the defendant, and Sebastian Marino, the plaintiff’s former employer. On June 5, 2017, the commissioner issued his findings and award. The commissioner summarized the plain- tiff’s testimony as follows.

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Bluebook (online)
207 Conn. App. 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malinowski-v-sikorsky-aircraft-corp-connappct-2021.