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Workers’ Compensation Law Appellate Court Opinion

by Oumano, Emily


AC44491 - Kelly v. Dept. of Mental Health & Addiction Services (“The plaintiff, George Kelly, who was employed as a per diem psychiatrist by the defendant Department of Mental Health and Addiction Services (department), appeals from the decision of the Compensation Review Board (board), upholding the determination by the Workers’ Compensation Commissioner for the Eighth District (commissioner) that he was not entitled to enhanced, full salary disability benefits pursuant to General Statutes § 5-142 (a). On appeal, the plaintiff claims that the board erred in upholding the commissioner’s decision because the commissioner (1) improperly relied on a supersedence appendix and cost sheet, which the plaintiff had offered into evidence, for substantive purposes; (2) failed to allocate to the department the burden of proving that the plaintiff was not entitled to the enhanced benefits of § 5-142 (a); (3) improperly concluded that a 1989 memorandum of agreement between the plaintiff’s union and the state operated to supersede § 5-142 (a) for per diem employees such as the plaintiff; (4) set forth inconsistent conclusions in his original decision and his subsequent decision on the plaintiff’s motion to correct; and (5) improperly concluded that a 1993 collective bargaining agreement, which added psychiatrists to the class of per diem employees, was not required to go through ‘a new supersedence process.’ We affirm the decision of the board.”)