Cochran v. Dept. of Transportation

Citations

• 350 Conn. 844

Syllabus

The plaintiff appealed, on the granting of certification, from the judgment of the Appellate Court, which had reversed the decision of the Compensation Review Board. The board had upheld an award of statutory (§ 31-307 (a)) total incapacity benefits to the plaintiff in connection with injuries that he sustained during the course of his employment with the defendant. The plaintiff claimed that the Appellate Court had incorrectly concluded that he was not eligible for total incapacity benefits because his total incapacity The listing of justices reflects their seniority status on this court as of the date of oral argument. 350 Conn. 844 DECEMBER, 2024 845 Cochran v. Dept. of Transportation did not occur until after his voluntary retirement and because he did not intend to return to the workforce. Held: This court concluded that, under the plain and unambiguous language of § 31-307 (a), a claimant who sustains a compensable workplace injury under the Workers' Compensation Act (§ 31-275 et seq.) is eligible to receive total incapacity benefits, regardless of whether the claimant's total incapacity occurs before or after his or her voluntary retirement from employment. Accordingly, this court reversed the Appellate Court's judgment and remanded the case to that court so that it could consider the defendant's alternative claim on appeal, which the Appellate Court did not reach in its decision. Argued September 23—officially released December 24, 2024