Connecticut Attorneys Obtain Dismissal in Workers’ Compensation Case

Simsbury Partner John L. O’Brien and Attorney Aaron P. Cruz obtained dismissal on behalf of our client, a law firm, in a suit filed by a plaintiff-claimant who alleged he was owed unpaid workers’ compensation benefits.

Throughout the course of several years, our client represented the plaintiff-claimant’s employer before the Connecticut Workers’ Compensation Commission. The plaintiff-claimant was awarded benefits by the Commission, but claimed the benefits were incorrectly calculated and they were owed additional benefits. In April 2022, the plaintiff-claimant filed suit against the Commission and against our client, despite the fact that the workers’ compensation matter remained pending and there was no resolution to their claim for additional benefits.

Following the filing of the April 2022 lawsuit, our Connecticut attorneys, John and Aaron, filed a motion to dismiss and argued that the Court lacked subject matter jurisdiction based on the Ripeness Doctrine. Specifically, our attorneys argued that the workers’ compensation matter remained pending and that there had been no determination on the plaintiff-claimant’s claim for unpaid benefits. Additionally, John and Aaron contended that the plaintiff-claimant failed to request a formal hearing and provide supplementary information to the Commission as to how the benefits paid were incorrectly calculated. The Court agreed with our attorneys and granted the motion following oral argument in October 2022.

John focuses his practice on workers’ compensation, subrogation and general insurance defense matters at the trial and appellate levels. He represents employers and insurers at informal, pre-formal and formal hearings before the Connecticut Workers’ Compensation Commission in all eight state district courts, and during appeals before the Compensation Review Board.

Aaron’s practice includes workers’ compensation, employment and labor law, insurance coverage and non-medical professional liability. He represents insurance companies in litigation disputes and advises employers on breach of contract, wrongful termination, discrimination and harassment claims.