Bode v. Connecticut Mason Contractors, the Learning Corridor
130 Conn. App. 672
| Conn. App. Ct. | 2011Background
- Ptodra Petraq Bode, born 1947 in Albania, sustained serious injuries in a 2002 fall while employed by Connecticut Mason Contractors/The Learning Corridor.
- Injuries included cervical and lumbar spine and right shoulder; maximum medical improvement occurred July 29, 2003; parties agreed to certain permanent partial disabilities and payments.
- Bode later sought temporary total disability benefits after April 26, 2005; formal hearings were held in 2007, 2008, and 2009 with medical, vocational, and employment evidence presented by both sides.
- Shoulder arthroscopic surgery occurred September 16, 2005, with subsequent opinions that a total shoulder replacement might be best; Bode’s willingness to undergo replacement fluctuated over time.
- Vocational evaluations from 2003–2008 produced conflicting conclusions about employability; some reports found employability, others found unemployability.
- The commissioner dismissed the TT disability and psychiatric claims; the board affirmed, and Bode appealed alleging misapplication of law and improper weighting of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bode was temporarily totally disabled after April 26, 2005 | Bode contends the commissioner ignored evidence of total disability, especially post-surgery capacity. | Defendants assert evidence showed limited capacity and that employability barred TT disability under 31-307. | TT disability reversed; remand for further proceedings under 31-307. |
| Whether the commissioner improperly considered unwillingness to undergo shoulder replacement | Bode argues refusal to replace shoulder should not determine TT disability status. | Defendant argues there was competent evidence showing reluctance to pursue surgery affected employability. | Improper to base TT disability on refusal to undergo surgery; remand on this issue. |
| Whether Bode's psychiatric claim was compensable | Bode asserts psychiatric symptoms stem from physical injury and are compensable. | Defendants contend lack of causal connection between physical injury and psychiatric symptoms. | Psychiatric claim not compensable; board's denial affirmed. |
Key Cases Cited
- Osterlund v. State, 135 Conn. 498 (1949) (employability analysis beyond physical incapacity)
- Krevis v. Bridgeport, 63 Conn.App. 328 (2001) (total disability requires diminished earning capacity and unemployability)
- Marandino v. Prometheus Pharmacy, 105 Conn.App. 669 (2008) (burden to show unemployability via active job search or vocational evidence)
- Czeplicki v. Fafnir Bearing Co., 137 Conn. 454 (1951) (test of total incapacity and labor market effects of injury)
- Deschenes v. Transco, Inc., 288 Conn. 303 (2008) (weight given to statutory interpretation in agency decisions)
- Loring v. Planning & Zoning Commission, 287 Conn. 746 (2008) (evidence review and credibility related to vocational opinions)
- Pietraroia v. Northeast Utilities, 254 Conn. 60 (2000) (basis for evaluating credibility when relying on documentary evidence)
- Daly v. Del-Ponte, 225 Conn. 499 (1993) (expert testimony crediting in workers' compensation context)
- Keenan v. Union Camp Corp., 49 Conn.App. 280 (1998) (evaluation of medical expert opinion credibility)
- Cummings v. Twin Tool Mfg. Co., 40 Conn.App. 36 (1996) (burden of proof for continuing total incapacity)