230 Conn. 100 | Conn. | 1994
The sole question raised by this certified appeal is whether an employee who brings an action to recover damages against a third party for a personal injury that gives rise to a workers’ compensation claim is required by the notice provisions of General Statutes § 31-293
The material facts are not in dispute. The plaintiff, Robert Durrschmidt, sustained injuries while unloading fertilizer from a truck in the course of his employment with Field View Farm Transportation, Inc. (Field View). Following the accident, the plaintiff collected workers’ compensation benefits from Field View. In March, 1991, the plaintiff brought this personal injury action against the defendants, Peter Loux, doing busi
On June 6, 1991, the plaintiff, through counsel, notified Field View by certified letter of his suit against the defendants. That letter stated: “In accordance with Conn. Gen. Stat. Section 31-293 (a), attached you will find a copy of the lawsuit instituted in Superior Court of Ansonia/Milford at Milford initiated against Peter Loux d/b/a Loux Leasing Company and Nutrico, Inc. for your information.” Neither the letter nor the accompanying complaint stated that the plaintiff was an employee of Field View.
On October 1, 1991, Field View filed a motion to intervene in this action. The plaintiff objected on the ground that the motion had been filed too late because § 31-293 required Field View to have filed its motion within thirty days from June 6, 1991, the date Field View received notice of the plaintiffs action against the defendants. Field View acknowledged that it had received the notification letter and complaint on June 6, 1991, but claimed that its receipt of those documents did not trigger the thirty day filing period because neither the letter nor the complaint expressly stated that the plaintiff was an employee of Field View. The trial court concluded that notice of the employment relationship was not required by § 31-293, and, accordingly, denied Field View’s motion to intervene as untimely. The Appellate Court summarily affirmed the judgment of the trial court,
“ ‘General Statutes § 31-293 grants to an employer who has paid worker’s compensation a right to join as a party plaintiff in actions by employees against third party tortfeasors; Robinson v. Faulkner, 163 Conn. 365, 377, 306 A.2d 857 (1972); provided that the right is exercised in a timely fashion. Olszewski v. State Employees’ Retirement Commission, 144 Conn. 322, 325, 130 A.2d 801 (1957).’ Ricard v. Stanadyne, Inc., [181 Conn. 321, 323, 435 A.2d 352 (1980)]. An employer who does not receive notice from an employee concerning the institution of a third party action in accordance with § 31-293 ‘[cannot] be barred from intervening by the passage of the [thirty day filing period] which this statute prescribes, because, until notice is given, the time does not begin to run.’ Lakewood Metal Products, Inc. v. Capital Machine & Switch Co., 154 Conn. 708, 710, 226 A.2d 392 (1967).” Winslow v. Lewis-Shepard, Inc., 216 Conn. 533, 537, 582 A.2d 1174 (1990). Therefore, because Field View failed to file its motion to intervene within thirty days of its receipt of the plaintiff’s letter, its motion was timely only if the plaintiff’s letter and the accompanying complaint
We have recently reviewed the notification requirements of § 31-293. In Winslow v. Lewis-Shepard, Inc., supra, 216 Conn. 533, an employer filed a motion to
Our analysis in Winslow is dispositive of the issue now before us.
Field View argues that in light of the centrality of the employment relationship to the workers’ compensation scheme, notice that does not expressly reference the employer-employee relationship cannot satisfy
Field View concedes that the letter and complaint were sufficient to alert it to the fact that the plaintiff had brought a personal injury action against the defendants in the Superior Court for the judicial district of Ansonia-Milford. Furthermore, the letter expressly provided that the accompanying complaint had been forwarded to Field View “[i]n accordance with Conn. Gen. Stat. Section 31-293 (a),” the statutory provision that authorizes an employer’s timely intervention in an employee’s action against a third party tortfeasor. Because the notice received by Fair View on June 6, 1991, satisfied the requirements of § 31-293, Field View’s motion to intervene, filed well after the expiration of the thirty day period, was properly denied by the trial court.
The judgment of the Appellate Court is affirmed.
In this opinion the other justices concurred.
General Statutes § 31-293 provides in relevant part: “When any injury for which compensation is payable under the provisions of this chapter has been sustained under circumstances creating in a third person other than the employer a legal liability to pay damages for the injury, the injured employee may claim compensation under the provisions of this chapter, but the payment or award of compensation shall not affect the claim or right of action of the injured employee against the third person, but the injured employee may proceed at law against the third person to recover damages for the injury; and any employer having paid, or having become obligated to pay, compensation under the provisions of this chapter may bring an action against the third person to recover any amount that he has paid or has become obligated to pay as compensation to the injured employee. If either the employee or the employer brings an action against the third person, he shall immediately notify the other, in writing, by personal presentation or by registered or certified mail, of the action and of the name of the court to which the writ is returnable, and the other may join as a party plaintiff in the action within thirty days after such notification, and, if the other fails to join as a party plaintiff, his right of action against the third person shall abate.”
Durrschmidt v. Loux, 31 Conn. App. 917, 625 A.2d 848 (1993).
General Statutes § 31-293 also provides that the employer shall notify the employee of any action brought by the employer against a third party with a legal liability to pay damages for the employee’s work-related injury.
The information contained in the complaint accompanying the plaintiffs letter to Field View may also be considered in determining whether Field View received notification in accordance with the requirements of General Statutes § 31-293. See Winslow v. Lewis-Shepard, Inc., supra, 216 Conn. 539 n.2.
In Winslow, we expressly declined to consider the question raised by this appeal because in that case notice of the employment relationship had been provided to the employer by the employee. Winslow v. Lewis-Shepard, Inc., supra, 216 Conn. 539 n.2.