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Kelly v. City of Bridgeport

12/5/2000

hat careful interpretation yields, however, would be a disservice to the legislative process, as well as to the judicial exercise of interpreting legislative language based upon the premise that the legislature intends to enact reasonable public policies. United Illuminating Co. v. New Haven, [240 Conn. 422, 454-55, 692 A.2d 742 (1997)]." (Citations omitted; internal quotation marks omitted.) Id., 761-62.


In Crocetto v. Lynn Development Corp., 223 Conn. 376, 612 A.2d 1212 (1992), the issue was whether a subsistence allowance provided to a plaintiff who had exhausted his disability benefits and subsequently had his health insurance coverage terminated, constituted "workers' compensation payments" within the meaning of § 31-284b. The Supreme Court determined that the subsistence payments did not qualify as workers' compensation payments under § 31-284b. Id., 381. As such, they could not be used to support an award of § 31-284b benefits. The court in Crocetto viewed the case in the light of a need for the plaintiff to be receiving payments required by statute or regulation to trigger § 31- 284b coverage. Id., 382. Comparing the payments for the plaintiff's medical care in the present case to those ruled not to constitute compensation in Crocetto, we conclude that the payments received in this case are less like compensation than the ones in Crocetto and therefore do not trigger § 31-284b benefits.


We conclude, therefore, that the board incorrectly interpreted § 31-284b as requiring the city to continue insurance coverage for the plaintiff and his family once the plaintiff's workers' compensation payments ended.


The decision of the workers' compensation review board is reversed and the case is remanded to the board with direction to reverse the decision of the commissioner.


In this opinion the other judges concurred.






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