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Simsbury Partner Successfully Defends Workers’ Compensation Claim for Temporary Partial Benefits

Simsbury, CT partner John L. O’Brien successfully defended a claim for temporary partial benefits asserted by the claimant against our insured, a leading local print and letter shop. The claimant alleged that he was entitled to a significant period of temporary partial benefits following a compensable lumbar injury. Our attorney astutely argued that the claimant was ineligible for temporary partial disability (TPD) as he had been terminated by his employer for cause.

The matter advanced to a formal hearing at the Sixth District Office of the Workers’ Compensation Commission. Our attorney argued that the claimant’s termination was for cause and that the Commission had discretion to withhold temporary partial benefits because light duty work would have otherwise been available but for the termination. The Commissioner ultimately found the evidence submitted by the employer more credible than that of the claimant. Moreover, the finding issued by the Commission will likely also disqualify the claimant for TPD and 308a benefits.

John focuses his practice on workers’ compensation, subrogation and general insurance defense matters at the trial and appellate levels. He represents insurers and employers 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. John also advises clients on Medicare reporting and has extensive experience in non-medical professional liability, premises liability, and employment and labor law litigation.