State's high court rules for employers in workers' comp case
(Aug. 22, 2008) In a victory for employers, the Connecticut Supreme Court has ruled that an employee’s health status and lifestyle choices should be taken into account when determining the extent of an employer's liability in workers’ compensation cases.
In Deschenes v. Transco, Inc., an employee who suffered from chronic emphysema caused by a 30-year history of heavy cigarette smoking, later developed another lung disease from exposure to asbestos in the workplace.
The state's Compensation Review Board held the employer responsible for the entire disability, overlooking the substantial medical evidence of the devastating effects of smoking on the employee’s lungs. A lower court subsequently upheld the board’s decision.
But according to the Supreme Court, the employer should be liable only for the portion of lung disability caused by the workplace asbestos exposure. A lower court will now determine a new award based on the decision.
Though some trial attorneys will seek to overturn the court's decision in next year's General Assembly, the fact remains that as of now, lifestyle choices will be taken into consideration in workers’ compensation cases.
For more information, contact CBIA's Kia Murrell at 860-244-1931 or kia.murrell@cbia.com.
|
