321 Conn. 1
Conn.2016Background
- Claimant (Hart), a long‑service FedEx courier, experienced a sudden episode of atrial flutter/fibrillation and tachycardia on Sept. 15, 2009 while rushing to meet an excessive delivery schedule in hot, non‑air‑conditioned vehicle conditions and without time to hydrate or eat. He was hospitalized and treated; tests showed hypokalemia and recurrent arrhythmias on monitoring.
- Prior to the incident, claimant’s route workload increased under a new manager, stop count rose, and he received written warnings earlier in the year; he reported anxiety about job security and being set up.
- Medical evidence: treating and defense cardiologists agreed claimant likely had a preexisting, subclinical arrhythmia that could be aggravated by exertion, dehydration, and stress. Multiple mental‑health providers diagnosed adjustment disorder, PTSD, anxiety, and depression linked to the cardiac event and its aftermath.
- Commissioner found the employment on Sept. 15 substantially aggravated the claimant’s cardiac condition (dehydration, elevated heart rate) and that the emergency event and treatment substantially caused PTSD and related psychiatric injuries; awarded total incapacity benefits from Sept. 15, 2009 through Aug. 7, 2010 (≈46 weeks, 4 days).
- Board affirmed; defendants (FedEx and Sedgwick) appealed arguing (1) physical and psychological injuries were not compensable (personnel‑action exclusion), and (2) the total incapacity award duration was excessive; Connecticut Supreme Court affirmed the board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Compensability of cardiac injury (arose out of employment) | Hart: work demands, heat, dehydration, and exertion on Sept. 15 aggravated a latent arrhythmia causing hospitalization | FedEx: claimant’s fitness and latent condition make it implausible that ordinary job exertion caused the event; stresses were ordinary employer expectations | Court: affirmed—substantial record support that workplace conditions (unmanageable route, heat, dehydration, exertion, stress) aggravated latent condition; commissioner’s factual findings entitled to deference |
| Compensability of psychological injuries (PTSD, anxiety) | Hart: PTSD and related disorders were caused substantially by the life‑threatening cardiac episode and emergency treatment, not merely personnel actions | FedEx: claimant’s mental injuries stem from personnel actions (warnings, fear of discipline, job loss) and post‑injury litigation/absence—excluded by §31‑275(16)(B)(iii) | Court: affirmed—commissioner found non‑personnel employment factors (cardiac event and emergency) were substantial causes; statutory exclusion did not bar recovery under those facts |
| Scope/duration of total incapacity benefits | Hart: treating physicians reasonably held him out of work pending monitoring/treatment; total incapacity through Aug. 7, 2010 appropriate | FedEx: claimant’s return to gym and some physical activity shows capacity to work earlier; defense experts opined shorter disability period | Court: affirmed—credibility and weight of medical testimony for treating physicians supported commissioner’s finding that temporary total incapacity through Aug. 7, 2010 was reasonable and precautionary |
| Standard of review / deference to commissioner | Hart: factual findings and credibility determinations should be sustained | FedEx: urged court to overturn factual findings and credit defense expert | Held: Court reiterated strong deference to commissioner as factfinder; will not retry facts and will uphold reasonable inferences from evidence |
Key Cases Cited
- Smith v. State, 138 Conn. 620 (discussing latent conditions and that manifestation, not pathology, controls compensability)
- Blakeslee v. Platt Bros. & Co., 279 Conn. 239 (defining when an injury arises out of employment and proximate cause standard)
- Deschenes v. Transco, Inc., 288 Conn. 303 (employer takes employee as found; latent conditions aggravated by work compensable)
- Marandino v. Prometheus Pharmacy, 294 Conn. 564 (deference to commissioner on credibility and medical weight determinations)
- Sullins v. United Parcel Service, Inc., 315 Conn. 543 (workers’ compensation act is remedial and construed generously)