94 Conn. App. 140 | Conn. App. Ct. | 2006
Opinion
The defendant, Yankee Casting Company, Inc., appeals from the findings and award of the workers’ compensation commissioner (commissioner) rendered in favor of the plaintiff, Angel L. Valdes, on his discriminatory discharge claim. On appeal, the defendant claims that the commissioner (1) improperly concluded that the plaintiff established a prima facie case pursuant to General Statutes § 31-290a and (2) applied the incorrect evidentiary standard by failing to apply the correct burden shifting analysis to the plaintiffs assertion of discriminatory discharge. Additionally, the defendant makes the allied claim that the commissioner’s findings and award cannot stand because the com
The plaintiff filed his claim with the workers’ compensation commission, alleging that the defendant had discriminated against him in violation of § 31-290a (a)
On March 6, 2001, the plaintiff sustained a compensable injury to his left knee, which rendered him totally disabled for approximately thirteen weeks. He underwent surgery in May, 2001, and was released to return to work on June 13, 2001, at which time he returned to his previous job with the defendant. On days when the plaintiff missed work, it was due to pain and difficul
On September 10, 2001, the plaintiff called the defendant and told the office manager that he would be unable to work that day. On September 11, 2001, the plaintiff had tremendous pain in his knee and missed work. On September 12, 2001, the plaintiff continued to have pain in his knee and sought treatment at the Bay State Medical Center emergency room in Springfield, Massachusetts. Prior to going to the hospital on that day, the plaintiff asked Sanchez to inform Brian Vecchiarelli, the defendant’s vice president, that he would not be at work, as he was seeking medical treatment for his knee. Sanchez informed Vecchiarelli that the plaintiff went to the hospital to seek medical treatment for his knee. The emergency room physician gave the plaintiff a report stating that the plaintiff would be unable to work on September 12 and 13, 2001. When he arrived at work on September 14, 2001, the plaintiff was met by Vecchiarelli. Sanchez was also present at that meeting to act as a translator. At the meeting, the plaintiff attempted to give Vecchiarelli the medical record from the emergency room, which stated that due to ongoing pain in his knee, the plaintiff was disabled from work on September 12 and 13, 2001. Vecchiarelli refused to accept, consider or review the medical record. Vecchiarelli told the plaintiff that he was tired of the plaintiffs absences and his problems with his knee and terminated the plaintiffs employment.
Throughout the plaintiffs employment with the defendant, his yearly performance evaluations contained comments on his superior work performance. From the time he returned to work in June, 2001, the plaintiff missed fifteen days of work. Vecchiarelli testified that he gave his employees written warnings when
We begin our discussion of the issues on appeal by articulating the appropriate standard of review. In assessing a workers’ compensation claim, “[t]he commissioner has the power and duty, as the trier of fact, to determine the facts. . . . The conclusions drawn by him from the facts found must stand unless they result from an incorrect application of the law to the subordinate facts or from an inference illegally or unreasonably drawn from them.” (Internal quotation marks omitted.) Mele v. Hartford, 270 Conn. 751, 766, 855 A.2d 196 (2004). Because of the fact bound nature of determinations regarding what actions, as a matter of law, may constitute employment discrimination, the commis
With that standard of review in mind, we turn to the defendant’s claim that the commissioner’s conclusion that the defendant discriminated against the plaintiff in retaliation for his exercise of rights afforded to him under the Workers’ Compensation Act, General Statutes § 31-275 et seq., was clearly erroneous.
The defendant first claims that the commissioner improperly found that the plaintiff established a prima facie case pursuant to § 31-290a (a). Specifically, the defendant claims that the termination of the plaintiffs employment could not have been based on the plaintiffs knee injury because the defendant did not know that the plaintiff had been absent from work due to problems with his knee. We are not persuaded.
The commissioner found, and the record supports, that the plaintiff told Sanchez that he was not going to be at work because he was seeking medical treatment for his knee and that Sanchez relayed that message to Vecchiarelli. In terminating the plaintiffs employment, Vecchiarelli stated that he was tired of the plaintiffs
The defendant next claims that the commissioner failed to apply the appropriate burden shifting analysis as set forth by our Supreme Court in Ford v. Blue Cross & Blue Shield of Connecticut, Inc., 216 Conn. 40, 578 A.2d 1054 (1990). We understand that claim to have two parts: The defendant claims that the commissioner failed to recite the Ford burden shifting analysis in his findings and award, and that because the commissioner required the defendant to start the presentation of its evidence before the plaintiff rested his case, the commissioner could not have applied the Ford analysis properly.
The necessary contours of a commissioner’s finding and award are set forth in § 31-301-3 of the Regulations of Connecticut State Agencies. That regulation pro
The defendant finally claims that the plaintiff failed to prove that his discharge was more likely motivated by discriminatory reasons than nondiscriminatory reasons. Because the commissioner correctly concluded that the plaintiff had established a prima facie case of discrimination and the defendant, in response, did not meet its burden of demonstrating a nondiscriminatory reason for the plaintiffs discharge, the commissioner did not have to reach the question of whether the plaintiff had responded adequately to the defendant’s rebut
The decision of the workers’ compensation commissioner is affirmed.
In this opinion the other judges concurred.
General Statutes § 31-290a (a) provides in relevant part: “No employer . . . shall ... in any manner discriminate against any employee because the employee has filed a claim for workers’ compensation benefits or otherwise exercised the rights afforded to him pursuant to the provisions of this chapter.”
The Ford burden shifting analysis provides: “The plaintiff bears the initial burden of proving by the preponderance of the evidence a prima facie case of discrimination. ... In order to meet this burden, the plaintiff must present evidence that gives rise to an inference of unlawful discrimination. ... If the plaintiff meets this initial burden, the burden then shifts to the defendant to rebut the presumption of discrimination by producing evidence of a legitimate, nondiscriminatory reason for its actions. ... If the defendant carries this burden of production, the presumption raised by the prima facie case is rebutted, and the factual inquiry proceeds to a new level of specificity. . . . The plaintiff then must satisfy her burden of persuading the factfinder that she was the victim of discrimination either directly by persuading the court [or jury] that a discriminatory reason more likely motivated the employer or indirectly by showing that the employer’s proffered explanation is unworthy of credence.” (Citations omitted; internal quotation marks omitted.) Ford v. Blue Cross & Blue Shield of Connecticut, Inc., supra, 216 Conn. 53-54.