Section 4-61dd

Citation: Section 4-61dd
Parent Document: Commissioner of Mental Health & Addiction Services v. Saeedi, 143 Conn. App. 839 (2013)
Jurisdiction: Connecticut (state)
Effective Date: 2013-07-09
Original Source: https://www.courtlistener.com/opinion/7915192/commissioner-of-mental-health-a... ↗

Full Text

1,230 chars

The plaintiffs’ abandonment of their jurisdictional argument is unsurprising considering our Supreme Court’s holding in Grant v. Bassman, 221 Conn. 465, 604 A.2d 814 (1992). In Grant, the Supreme Court addressed the question of “whether a claim that an injured plaintiff has elected workers’ compensation as his exclusive remedy deprives the Superior Court of subject matter jurisdiction . . . .” Id., 471. The court, adopting the reasoning of Fusaro v. Chase Brass & Copper Co., 21 Conn. Supp. 240, 154 A.2d 138 (1956), determined that “[t]he confusion [about whether electing an exclusive remedy divests a tribunal of subject matter jurisdiction] arises from the fact that the compensation procedure . . . involves a special tribunal, rather than the Superior Court”; nonetheless, electing the remedy of workers’ compensation does not result in “a lack of jurisdiction in the court but a want of a cause of action in the plaintiff.” (Emphasis omitted; internal quotation marte omitted.) Grant v. Bassman, supra, 472. Accordingly, the court explained, the claim that a plaintiff has made an exclusive election of remedies “is properly raised by a special defense,” rather than as a challenge to the jurisdiction of the court. Id.

Other Sections in This Document (64)

Full Text