SW Legal studies in Business

Worker Who Leaves State Not Eligible for Consideration for Workers' Compensation
Description Appeals court held that a worker who contended she was due workers' compensation payments for longer than the three years originally awarded, but who had moved out of state, was not eligible for consideration because she was, by definition, not able or willing to work in the state.
Topic Employment Law
Key Words Workers' Compensation; Residency
C A S E   S U M M A R Y
Facts In 1994 McEnerney suffered an injury at work, which was in Connecticut. She was awarded permanent partial disability benefits for three years. She moved from Connecticut to Florida. In 1997, while in Florida she filed a claim with the workers' compensation commission, contending that she was entitled to further compensation. The commissioner held that because she was not in Connecticut and available for work she could not receive more benefits. McEnerney appealed.

Affirmed. The workers' compensation statute states that a claimant must be "willing and able to perform work" in Connecticut. Since McEnerney has moved to Florida, she "was neither willing nor able to perform work in the state of Connecticut" and is not entitled to consideration for benefits.

Citation McEnerney v. United States Surgical Corp., 72 Conn.App. 611 (App. Ct., Conn., 2002)

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