466 A.2d 334 | Conn. Super. Ct. | 1983
This is an appeal by the plaintiff from a decision of the compensation review division affirming a finding and award of the compensation commissioner. The facts as stipulated by the parties at the hearing before the commissioner are as follows: On December 3, 1976, the plaintiff, an employee of the defendant Dattco, Inc. (Dattco), was severely injured when a tire which he was repairing in the course of his employment exploded, causing fragments of the tire rim to strike him about the face and neck. As a result of the accidental injuries, the plaintiff suffered permanent disfigurement and scarring over much of his face and neck after undergoing plastic surgery and facial reconstruction. In addition, he sustained injuries to his central nervous system and suffers from severe emotional and psychological disorders which render him incapable of working.
The plaintiff has been receiving workers' compensation benefits for total incapacity as provided in General Statutes
The issue for our determination is whether benefits under
General Statutes
The defendants, on the other hand, argue that such benefits are payable consecutively, that is, after benefits for total or partial disability cease.
To support this claim, they initially argue that contemporaneous payments would exceed the maximum weekly amount allowed under
We construe
The defendants also argue that judicial decisions favor a consecutive rather than contemporaneous award of benefits. In support of this claim, they rely principally on Olmstead v. Lamphier,
The defendants also cite Dombrowski v. Fafnir Bearing Co.,
Finally, the defendants contend that the legislature, if it intended that benefits under
Moreover, the drafters of the statute expressly left out any language suggesting that the benefits available under
Lastly, the interpretation urged upon us by the defendants would contravene the clearly remedial purpose of the Workers' Compensation Act and violate the longstanding rule that its provisions be construed liberally in favor of the rights of the employee. Adzima v. UAC/Norden Division,
Accordingly, for the foregoing reasons, we hold that the benefits for scarring and disfigurement under
There is error, the decision of the compensation review division is set aside and the case is remanded with direction to sustain the appeal in accordance with this opinion.
In this opinion DALY and F. HENNESSY, Js., concurred.