Tartaglino v. Department of Correction

737 A.2d 993, 55 Conn. App. 190, 1999 Conn. App. LEXIS 380
CourtConnecticut Appellate Court
DecidedOctober 5, 1999
DocketAC 18568
StatusPublished
Cited by14 cases

This text of 737 A.2d 993 (Tartaglino v. Department of Correction) 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
Tartaglino v. Department of Correction, 737 A.2d 993, 55 Conn. App. 190, 1999 Conn. App. LEXIS 380 (Colo. Ct. App. 1999).

Opinion

[191]*191 Opinion

O’CONNELL, C. J.

The plaintiff, Martin Tartaglino, appeals from the decision of the workers’ compensation review board (board) affirming the commissioner’s denial of his claim for temporary partial disability benefits. The plaintiff contends that the commissioner improperly (1) determined that his stress related symptoms were not the result of his present employment conditions and (2) failed to accept the opinion and conclusions of the commissioner’s examining physician. We affirm the decision of the board.

The following facts are necessary to the disposition of this appeal. The plaintiff began his employment as a correction officer with the state of Connecticut in 1982. lie was initially assigned to the Litchfield correctional facility (Litchfield) for one month during job training and then was transferred to the Cheshire correctional facility (Cheshire) where he worked for five years.1 The plaintiff returned to work at Litchfield in 1987.

In 1989, the Litchfield facility experienced overcrowding and, on occasion, guards were placed in situations in which they faced potential harm from inmates. As a result, the plaintiff began to experience work-related stress. The plaintiff saw a psychotherapist for approximately one year in an effort to combat insomnia and panic attacks. In 1992, Litchfield’s security level was decreased from level four to level two when it became a drug rehabilitation center. The institution was operated differently and housed a different type of inmate. The Litchfield work environment was virtually stress free, and the plaintiff’s symptoms completely disappeared.

[192]*192In 1993, it was announced that the Litchfield drug treatment center would be closed and the plaintiff would be transferred to Cheshire, a level four facility. After the notification of his impending transfer, the plaintiff again began to experience stress related symptoms. In an effort to avoid being transferred, the plaintiff pursued administrative avenues that included, inter alia, requesting reassignment or a leave of absence. Finally, he filed a grievance with his union. All attempts were unsuccessful, and the plaintiff voluntarily tendered his resignation on Litchfield’s last day of operation.

Subsequently, the plaintiff brought this workers’ compensation claim seeking temporary partial disability benefits. The commissioner concluded that the plaintiffs stress did not arise out of or in the course of his employment and dismissed the claim. The plaintiff then appealed to the board, which affirmed the commissioner’s decision. This appeal followed.

I

The plaintiff first claims that the commissioner improperly found that the plaintiffs stress related symptoms were not the result of his employment duties. “The determination of whether an injury arose out of and in the course of employment is a question of fact for the commissioner.” Spatafore v. Yale University, 239 Conn. 408, 418, 684 A.2d 1155 (1996). “The appropriate standard applicable to the board when reviewing a decision of a commissioner is well established. [T]he review [board’s] hearing of an appeal from the commissioner is not a de novo hearing of the facts. . . . [I]t is obligated] to hear the appeal on the record and not retry the facts. . . . [T]he power and duty of determining the facts rests on the commissioner, the trier of facts.” (Internal quotation marks omitted.) Kolomiets v. Syncor International Corp., 51 Conn. App. 523, 526-[193]*19327, 723 A.2d 1161, cert. granted on other grounds, 248 Conn. 906, 731 A.2d 308 (1999).

The role of this court “is to determine whether the review [board’s] decision results from an incorrect application of the law to the subordinate facts or from an inference illegally or unreasonably drawn from them.” (Internal quotation marks omitted.) Aurora v. Miami Plumbing & Heating, Inc., 6 Conn. App. 45, 47, 502 A.2d 952 (1986).

Entitlement to workers’ compensation benefits does not attach upon a mere request for payment. There must be an injury that (1) arose out of the plaintiffs employment and (2) occurred in the course of his employment. Mora v. Aetna Life & Casualty Ins. Co., 13 Conn. App. 208, 212, 535 A.2d 390 (1988).

An injury “ ‘[a]rising out of and in the course of his employment’ means an accidental injury happening to an employee . . . while he has been engaged in the line of his duty in the business or affairs of the employer upon the employer’s premises, or while engaged elsewhere upon the employer’s business or affairs by the direction, express or implied, of the employer . . . .” General Statutes § 31-275 (1). To come within the course of employment, an injury must occur within the period of employment and at a place where the employee may be while he is reasonably fulfilling the duties of the employment. McNamara v. Hamden, 176 Conn. 547, 556, 398 A.2d 1161 (1979).

In the present case, the record supports the commissioner’s finding that the plaintiff did not experience any stress while fulfilling his duties in the months leading up to his transfer. Moreover, before notification of the transfer had been communicated to the plaintiff his work record was exemplary, his absenteeism very low and his performance ratings very high. The plaintiff admitted that he had never missed a full day of work [194]*194at Litchfield due to stress. In light of this evidence, the commissioner found that while the plaintiff was at his position in the Litchfield facility, he did not experience any stress and it was only after he received notification of his imminent transfer that stress related symptoms surfaced.

The defendant, the department of correction, argues, and we agree, that the commissioner correctly determined that the plaintiffs stress was not the result of his employment duties or an activity that was incidental to his employment. Administrative policy decisions to open or close a facility or to arrange a transfer of an employee are not considered to be in the regular course of the employee’s duties or incidental to his employment. As this court has previously stated: “[T]he term employer policy relates not to the employer’s intent with regard to a single employee, but to its intentions regarding either its employees generally or discrete classes of employees.” (Internal quotation marks omitted.) Fulco v. Norwich Roman Catholic Diocesan Corp., 27 Conn. App. 800, 806-807, 609 A.2d 1034 (1992), appeal dismissed, 226 Conn. 404, 627 A.2d 931 (1993).

In sum, the stress related symptoms experienced by the plaintiff were not the result of his employment duties nor did they result from an activity that he regularly engaged in or that was incidental to his employment.2

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Bluebook (online)
737 A.2d 993, 55 Conn. App. 190, 1999 Conn. App. LEXIS 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tartaglino-v-department-of-correction-connappct-1999.