CT Court Kills Workers’ Comp Suit

June 29, 2010 (PLANSPONSOR.com) – A Connecticut appellate court has ruled that a state corrections officer injured in a fight with an inmate can’t sue an independent third party and a third-party administrator over his workers’ compensation benefits. 

The Connecticut Appellate Court upheld a lower court decision that corrections officer Daniel D’Amico could not sue ACE, which took on responsibility to administer some state workers’ compensation claims and Berkley Administrators of Connecticut Inc., which ACE hired to carry out the administration. D’Amico sued ACE and Berkley in 2005, charging breach of contract and breach of the implied covenant of good faith and fair dealing over cutoff of D’Amico’s benefits.  

Appellate Judge Socrates H. Mihalakos, writing for the court, said D’Amico’s suit was barred by Connecticut’s exclusive remedy doctrine, which indicates that injured workers in the state workers’ compensation system can’t also file a separate civil suit involving their injuries.  

D’Amico, a corrections officer at the Manson Youth Correctional Facility, was injured in September 1992 during a scuffle with an inmate, suffering injuries to his neck, back, shoulder, arm and hand. He was also diagnosed as suffering from post-traumatic stress disorder, depression, fibromyalgia, hypertension and reflex sympathetic dystrophy of his right arm, according to the appellate decision. 

The ruling is at http://www.jud.ct.gov/external/supapp/Cases/AROap/AP122/122AP363.pdf .