Connecticut Court: To File or Not to File

• After suffering two separate injuries, Injured worker, Ajredin Ajdini, filed a form 30C for compensation May 3, 2019. On May 29, his employer mailed a form 43 challenging the claim, The workers comp commission received the forms June 3. Ajdini received the form 43 June 6.
• Ajdini says that the employer must pay compensation because it did not file a form to challenge the claim within the 28 day window. The employer argues that the mailbox rule presumes the date of service is the date of mailing.
• The appellate court points out that the term file is defined as deliver “to the proper officer for keeping on file.” The court rules that filing and mailing are not the same thing.
• Just because the employer mailed the Form 43, there is no that the proper officer will receive it by the statutory deadline. Therefore, if the employer missed the deadline the, it must pay the benefits.
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COVID Is an Occupational Hazard

• A Colorado Appellate Court rules that COVID meets the standard as a work-related illness. Vincent Gaines, worked in housekeeping at a skilled nursing facility. He performed a number of tasks including disposing of trash.
• He contracted COVID-19 just a few days after a resident tested positive. The facility declared an outbreak. Gaines later died because of COVID, and his wife applied for death benefits.
• An administrative law judge ordered that the employer pay TTD benefits, opining that overwhelming evidence determined that Gaines contracted COVID at work.
• The Appellate Court agrees, saying that Gaines demonstrated he was at risk for COVID due to to his type of employment. Expert testimony determined that the facility at a 30% infection rate compared 0.3% in the community. Therefore, his spouse is entitled to benefits.
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Industry Sees Improvement in Losses

• Loss costs are improving due to several factors, including the impact of inflation, according to an industry group. The report makes several observations.
• Claim severity has moderated having an effect on wage growth.
• Employers have adopted technology and automation in their workplaces, which decreases the number of injuries.
• In the wake of  COVID, the claims workers’ comp experience improved.  “Furthermore, the recent loss experience in 2021 and 2022 has demonstrated continued improvement,” the report notes. This is thanks to a roaring economy and an uptick in wages.
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