164 Conn.App. 41
Conn. App. Ct.2016Background
- In October 2010, Elizabeth Hadden, a school physical education teacher, was punched by a student, fell, hit her head, and suffered a traumatic brain injury; she was hospitalized and has been totally disabled since.
- Hadden had a preexisting, nonoccupational diagnosis of multiple sclerosis (MS) before the 2010 incident.
- Hadden filed for temporary total disability benefits; the employer (Capitol Region Education Council) contested causation and later sought apportionment under General Statutes § 31-275(1)(D).
- Medical testimony conflicted: Hadden’s doctors testified the punch caused a traumatic brain injury and materially aggravated her MS; employer experts contended the punch did not cause TBI and that the disability was the natural progression of MS.
- The workers’ compensation commissioner found the October 8, 2010 workplace injury aggravated Hadden’s condition, causing ongoing total disability and awarded full benefits; the board affirmed.
- On appeal, the employer conceded compensability but challenged denial of apportionment; the Appellate Court affirmed, holding it was bound by Supreme Court precedent that precludes apportionment when the preexisting disease is nonoccupational.
Issues
| Issue | Hadden's Argument | Capitol Region Education Council's Argument | Held |
|---|---|---|---|
| Whether employer entitled to apportion benefits under § 31-275(1)(D) for portion of disability due to natural progression of preexisting nonoccupational MS | No apportionment; full benefits due because the work injury materially aggravated her condition and caused disability | Apportion benefits proportionally to the disability attributable to natural progression of MS vs. work-related aggravation | Denied — bound by Cashman: § 31-275(1)(D) does not permit apportionment when preexisting disease is nonoccupational |
| Whether commissioner’s finding of causation (work injury as substantial factor) was supported by evidence | Commissioner credited Hadden’s medical testimony that the punch aggravated MS and caused TBI leading to disability | Employer disputed causation, relied on experts saying natural MS progression caused disability | Affirmed — board credited claimant’s experts; commissioner’s factual findings sustained |
| Whether employer waived apportionment claim by failing to present apportionment evidence at hearing | N/A (Hadden argued waiver) | Employer argued apportionment preserved; alternatively, raised on posttrial brief | Court did not decide waiver because Cashman disposes of the claim on the merits |
| Whether denial of motion to correct (seeking 98 additional findings) was improper | N/A (Hadden supported denial) | Employer argued additional findings necessary and would change outcome | Denial affirmed — extra findings would not affect outcome given controlling precedent |
Key Cases Cited
- Cashman v. McTernan School, Inc., 130 Conn. 401, 34 A.2d 874 (1943) (predecessor to § 31-275(1)(D) bars apportionment when preexisting disease is nonoccupational)
- Sullins v. United Parcel Service, Inc., 315 Conn. 543, 108 A.3d 1110 (2015) (cites Cashman and treats its rule as controlling)
- Deschenes v. Transco, Inc., 288 Conn. 303, 953 A.2d 13 (2008) (apportionment rule for concurrently developing occupational and nonoccupational diseases; not raised below here)
- Gartrell v. Dept. of Correction, 259 Conn. 29, 787 A.2d 541 (2002) (questioned Cashman but declined to overrule it)