O'Connor v. Med-Center Home Health Care, Inc.
59 A.3d 385
Conn. App. Ct.2013Background
- Plaintiff Jean O’Connor, self-represented, seeks workers’ compensation total disability benefits after a December 27, 1996 work-related injuries from a fall.
- Defendants Med-Center Home Health Care, Inc. and its insurer AIG appeal the board’s affirmation of the commissioner’s total disability finding and TTD award.
- Commissioner relied on treating and evaluating physicians’ reports, but some reports suggested only sedentary capacity; others documented the need for anticoagulation therapy.
- Board affirmed the commissioner’s total disability finding and remanded for exact award amount, holding the commissioner may infer total disability from credible testimony and history.
- Court rejects reliance on certain treating physicians’ opinions of total disability as unsupported by medical evidence and holds that a total disability finding may be based on holistic evidence rather than direct medical opinion; affirms board in upholding temporary total disability.
- This appeal is on remand from the Connecticut Supreme Court; the court may not retry facts and reviews the record for legal correctness and substantial support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether total disability can be found without direct medical evidence of total disability. | O’Connor argues no direct medical opinion of total disability is required; holistic evidence supports total incapacity. | Med-Center contends direct medical evidence of total disability is required. | Yes; court sustains holistic approach and affirms total disability finding. |
Key Cases Cited
- Dengler v. Special Attention Health Services, Inc., 62 Conn. App. 440 (Conn. App. 2001) (causation and medical evidence required when causation is disputed)
- Bode v. Connecticut Mason Contractors, The Learning Corridor, 130 Conn. App. 672 (Conn. App. 2011) (total disability inquiry is holistic; employment potential considered)
- Diaz v. Pineda, 117 Conn. App. 619 (Conn. App. 2009) (burden to prove incapacity to work; total incapacity defined)
- D’Amico v. Dept. of Correction, 73 Conn. App. 718 (Conn. App. 2002) (weight of evidence; credibility; legal standards for disability findings)
- Schiano v. Bliss Exterminating Co., 57 Conn. App. 406 (Conn. App. 2000) (standard of review; not retrying the commissioner’s facts)