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Compliance July 6, 2007
Worker Entitled to Both State and Federal Workers' Comp
July 6, 2007 (PLANSPONSOR.com) - The Connecticut
Supreme Court found in favor of a worker injured while
unloading a ship who was seeking workers' compensation under
both federal and state mandates.
Reported by Adrien Martin
Business Insurance reports that Michael Coppola dually filed claims under the federal Longshore and Harbor Workers’ Compensation Act, as well as with Connecticut’s workers’ compensation system.
Coppola’s employer Logistec Connecticut Inc. and a state compensation review board said that the federal Longshore Act should provide the only remedy. The Connecticut Supreme Court disagreed.
“We conclude that the state has concurrent jurisdiction with the federal government over claims involving injuries incurred on navigable waters when the employer and the employee are locally based, the employment contract is performed within the state and partly on land, the injury took place on the state’s territorial waters and the employer was required under the state act to secure compensation for any land-based injuries incurred by the employee,” the opinion said, according to Business Insurance.
The opinion in Coppola vs. Logistec Connecticut Inc. is here .