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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 31-290a

Citation
Section 31-290a
Parent Document
Loftus v. Vincent, 49 Conn. App. 66 (1998)
Jurisdiction
Connecticut (state)
Effective Date
1998-06-16

Full Text

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Long ago, this state adopted the position that “[o]ur [Workers’ Compensation] Act does not permit double compensation.” Olmstead v. Lamphier, 93 Conn. 20, 23, 104 A. 488 (1918). When an injury entitles a worker to benefits both under the compensation statute and under other legislation, so that a double burden would be imposed on the employer, our courts have held that compensation payments during the period of disability reduce the employer’s obligation created by other legislation. Maciejewski v. West Hartford, 194 Conn. 139, 151, 480 A.2d 519 (1984); Middletown v. Local 1073, 1 Conn. App. 58, 65-66, 467 A.2d 1258 (1983), cert. dismissed, 192 Conn. 803, 471 A.2d 244 (1984). A similar policy of avoiding a double recovery or double burden is incorporated in General Statutes § 31-314: “In fixing the amount of any compensation under this chapter, due allowance shall be made for any sum which the employer has paid to any injured employee or to his dependents on account of the injury, except such sums as the employer has expended or directed to be expended for medical, surgical or hospital service.” Because both that provision and § 31-290a are contained in chapter 568 of our statutes, it is evident that the legislature did not intend to impose on the employer the double burden of back wages and workers’ compensation payments for the same period of unemployment.