Mulligan v. F. S. Electric

651 A.2d 254, 231 Conn. 529, 1994 Conn. LEXIS 447
CourtSupreme Court of Connecticut
DecidedDecember 27, 1994
Docket14981
StatusPublished
Cited by12 cases

This text of 651 A.2d 254 (Mulligan v. F. S. Electric) 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
Mulligan v. F. S. Electric, 651 A.2d 254, 231 Conn. 529, 1994 Conn. LEXIS 447 (Colo. 1994).

Opinion

Borden, J.

The issues in this appeal and cross appeal are: (1) under General Statutes § Sl-SOTb,1 the extent [531]*531to which an employee must recover from an injury prior to returning to work in order to qualify for workers’ compensation benefits under General Statutes (Rev. to 1989) § 31-307b after a relapse from recovery; and (2) whether an injured employee’s workers’ compensation benefit rate, as defined by General Statutes (Rev. to 1989) §§ 31-307 and 31-310, 2 should be determined, [532]*532in the case of a traumatic injury, by reference to the employee’s earnings preceding the date on which he was injured or preceding the date on which he became incapacitated. The respondents, F. S. Electric (F. S.) and its workers’ compensation insurer, Transamerica Insurance Company (Transamerica), appeal3 from the decision of the workers’ compensation commission compensation review board (board) reversing a workers’ compensation commissioner’s denial of § 31-307b benefits to the claimant, James Mulligan. The claimant cross [533]*533appeals from the decision of the board affirming the commissioner’s determination that benefits should be calculated on the basis of the claimant’s earnings prior to his injury. We affirm on the appeal, reverse on the cross appeal and remand for a recalculation of benefits accordingly.

The following facts are undisputed. On July 16,1987, the claimant sustained an accidental injury to his lower back in the course of and arising out of his employment by F. S., when, while climbing a ladder to install lighting, he felt a pop in his back. Although the injury was compensable, the claimant did not miss any work or claim any benefits until more than two years later, when the claimant’s physician certified that as a result of the injury, the claimant had become totally disabled. The claimant was out of work from September 23, 1989, to December 5, 1989, during which time he received temporary total disability compensation pursuant to § 31-307. On December 5, 1989, the claimant returned to work with the permission of his physician and without any medical restrictions, and, therefore, his § 31-307 payments ceased. Although the claimant continued to experience symptoms related to his 1987 injury and continued to receive medical treatment, he continued to work until February 16, 1990, when he again became totally disabled as a result of the original 1987 injury.

In the proceedings before the commissioner, the claimant contended that the compensation rate for both periods of disability should be calculated on the basis of his earnings during the twenty-six week period immediately preceding each period of incapacity, while the respondents claimed that the compensation should be based on the claimant’s earnings during the twenty-six week period prior to his July 16, 1987 injury. The commissioner agreed with the respondents and based [534]*534the calculation of benefits on the claimant’s earnings prior to his injury.

The claimant also asserted a claim for benefits pursuant to § 31-307b, which provided that “[i]f any employee who receives benefits under section 31-307 returns to work after recovery from his injury and subsequently suffers total or partial incapacity caused by a relapse from the recovery from, or a recurrence of, such injury, such employee shall be paid a weekly compensation equal to” the greater of his § 31-307 benefits or benefits based on his compensation during the twenty-six weeks preceding the relapse or recurrence. The commissioner concluded that, although the claimant had returned to work, he had not “recovered” from his injury because, while working from December 5, 1989, to February 16,1990, he continued to experience symptoms, receive medical treatment, and take prescribed medication. The commissioner, therefore, denied the claimant’s request for § 31-307b benefits.

Challenging both conclusions, the claimant appealed to the board, which affirmed the commissioner’s calculation of benefits based on the date the claimant sustained his injury, but reversed the commissioner’s denial of § 31-307b benefits and remanded the matter to the commissioner for determination of the claimant’s § 31-307b benefits. This appeal and cross appeal followed.4

[535]*535I

The respondents claim on their appeal that, because § 31-307b benefits are available only to an incapacitated employee who had returned to work after recovery from the injury that caused his initial incapacity, the board improperly reversed the commissioner’s denial of benefits. In this case, although the claimant returned to work, he still continued to experience symptoms, take prescription medication and receive treatment and therefore, the respondents argue, he did not return “to work after recovery from Ms injury.” (Emphasis added.) General Statutes (Rev. to 1989) § 31-307b. We agree with the board that the claimant need only have recovered sufficiently to have returned to work with medical permission to be entitled to § 31-307b benefits on a relapse or recurrence of the injury.5

The dispositive issue is the meaning of the phrase “returns to work after recovery from his injury” in § 31-307b. The respondents argue that the commissioner gave proper effect to the meaning of “after recovery from his injury” as intended by the legisla[536]*536ture in § 31-307b. We agree with the conclusion of the board, however, that the commissioner improperly-determined that the claimant had not recovered when he returned to work. We reach our conclusion on the basis of our interpretation of the language of § 31-307b as applied to the facts of this case.

“It is axiomatic that the process of statutory interpretation involves a reasoned search for the intention of the legislature.” In re Valerie D., 223 Conn. 492, 512, 613 A.2d 748 (1992); Lauer v. Zoning Commission, 220 Conn. 455, 459-60, 600 A.2d 310 (1991). “In seeking to discern that intent, we look to the words of the statute itself, to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same general subject matter. . . . Ambroise v. William Raveis Real Estate, Inc., [226 Conn. 757, 764, 628 A.2d 1303 (1993)]; see Glastonbury Volunteer Ambulance Assn., Inc. v. Freedom of Information Commission, 227 Conn. 848, 852-57, 633 A.2d 305 (1993).” (Citations omitted; internal quotation marks omitted.) State v. Metz, 230 Conn. 400, 409, 645 A.2d 965 (1994); Fleming v. Garnett, 231 Conn. 77, 91-92, 646 A.2d 1308 (1994).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Martinoli v. Stamford Police Dept.
Connecticut Appellate Court, 2026
Cochran v. Dept. of Transportation
350 Conn. 844 (Supreme Court of Connecticut, 2024)
Churchville v. Bruce R. Daly Mechanical Contractor
8 A.3d 507 (Supreme Court of Connecticut, 2010)
Esposito v. Waldbaum's, Inc.
827 A.2d 747 (Connecticut Appellate Court, 2003)
Rayhall v. Akim Co.
819 A.2d 803 (Supreme Court of Connecticut, 2003)
Krevis v. City of Bridgeport
777 A.2d 196 (Connecticut Appellate Court, 2001)
Green v. General Dynamics Corp.
712 A.2d 938 (Supreme Court of Connecticut, 1998)
Doe v. City of Stamford
699 A.2d 52 (Supreme Court of Connecticut, 1997)
Green v. General Dynamics Corp.
687 A.2d 550 (Connecticut Appellate Court, 1996)
Williams v. Best Cleaners, Inc.
670 A.2d 294 (Supreme Court of Connecticut, 1996)
Prudential Property & Casualty Insurance v. Bannon
658 A.2d 567 (Supreme Court of Connecticut, 1995)
Rice v. Vermilyn Brown, Inc.
657 A.2d 616 (Supreme Court of Connecticut, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
651 A.2d 254, 231 Conn. 529, 1994 Conn. LEXIS 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mulligan-v-f-s-electric-conn-1994.