Worker Found Eligible for Compensation from Seizure Related Injury

Posted on by tucson insurance

In an August 2006 ruling, Connecticut’s Supreme Court ruled that the claimant in the case of Michael G. Blakeslee Jr. vs. Platt Brothers & Co, who was injured when co-workers tried to help during a seizure, is entitled to workers’ compensation benefits. Typically, workplace injuries caused by a seizure wouldn’t be eligible for compensation because the injuries arise from the medical condition itself and not from conditions in the work area. In the Blakeslee case, the claimant received two dislocated shoulders on February 13, 2002, when three co-workers tried to restrain him during his seizure. He had fallen near a large steel scale, and then started flailing his arms and legs as he regained consciousness.

The claimant filed a workers’ compensation claim contending that because the actual injury resulted from the restraint, and not the seizure itself, the shoulder injuries should be covered. The claimant argued that an injury received during the course of employment is eligible for compensation even if infirmity due to disease originally set in motion the final cause of the injury. The claimant also asserted that an injury inflicted by a co-employee is eligible for compensation, unless the injured employee engages in unauthorized behavior or the injury is the result of an intentional assault.

Initially, a workers’ compensation commissioner decided that Blakeslee was not entitled to workers’ compensation benefits. The commissioner determined that the claimant’s injuries resulted from a chain of events set off by a grand mal seizure unrelated to his employment. A workers’ compensation review board agreed with the finding. The review board stated that there is a prerequisite requirement for eligibility for compensation, which the claimant overlooked. The cause of the injury must arise out of the employment and work conditions must be the legal cause of the injury. The review board contended that the claimant’s seizure caused the need for first aid, which caused the injury. There was no element of the claimant’s employment involved.

Five out of seven Supreme Court justices reversed the board’s ruling. They were not persuaded by the argument posed by Platt Brothers, and the employer’s insurer, Wausau Insurance Co., that finding for the defendant would be in direct opposition to public policy because it would prevent employees from assisting co-workers in future medical emergencies. The majority noted that the co-workers restrained Blakeslee to keep him from harming other employees as well as himself. Their actions benefited the employer. The action was directly related to the employment and would therefore be eligible for compensation.

The two dissenting justices argued that the Supreme Court should not have accepted review of the case.

3,486 thoughts on “Worker Found Eligible for Compensation from Seizure Related Injury”

  11. I used to be recommended this website via my cousin. I’m no longer certain whether or not this submit is written via him as no one else know such unique about my problem. You’re wonderful! Thank you!

    Reply

  36. Wonderful beat ! I wish to apprentice at the same time as you amend your site, how could i subscribe for a weblog website? The account aided me a appropriate deal. I had been tiny bit acquainted of this your broadcast provided vibrant transparent idea

    Reply

  38. We are a gaggle of volunteers and starting a brand new scheme in our community. Your website offered us with valuable information to work on. You have performed a formidable process and our entire community will likely be grateful to you.

    Reply

  95. Hello there! Would you mind if I share your blog with my zynga group? There’s a lot of folks that I think would really enjoy your content. Please let me know. Thanks

    Reply

  127. I have not checked in here for a while because I thought it was getting boring, but the last several posts are good quality so I guess I will add you back to my everyday bloglist. You deserve it my friend 🙂

    Reply

  184. This is a extremely captivating post. Report register my site [url=http://mambojambo.com]mambo jambo[/url]

    Reply

  207. Can I just say what a relief to find someone who actually knows what theyre talking about on the internet. You definitely know how to bring an issue to light and make it important. More people need to read this and understand this side of the story. I cant believe youre not more popular because you definitely have the gift.

    Reply

  252. I’m not sure exactly why but this site is loading very slow for me. Is anyone else having this problem or is it a issue on my end? I’ll check back later on and see if the problem still exists.

    Reply

  319. credit score free [url=http://creditscorecheckww.com/ ]free annual credit report official site [/url] my free annual credit report annual credit report official site

    Reply

  336. credit karma tax filing [url=http://creditscorecheckww.com/ ]whats a good credit score [/url] annual credit report completely free credit score companies

    Reply

  361. free yearly credit report [url=http://creditscorests.com/ ]annual credit report completely free experian [/url] free annual credit report government official check my credit score

    Reply

  369. full credit report [url=http://checkcreditscore24.com/ ]free credit score check [/url] annual credit report completely free government does forbearance affect credit score

    Reply

  390. credit score [url=http://creditreportblk.com/ ]annual credit report completely free government [/url] government free credit report minimum credit score for mortgage

    Reply

  450. how to dispute credit report items [url=http://checkcreditscore24.com/ ]transunion free credit report annual [/url] annual credit report completely free government get credit score

    Reply

  470. free annual credit report government official [url=http://creditscorests.com/ ]freecreditreport [/url] free equifax credit report request government free credit report

    Reply

  497. what is an excellent credit score [url=http://creditscorecheckww.com/ ]annual credit report completely free [/url] credit bureau how to check your credit score

    Reply

  604. annual credit report completely free [url=http://creditscoreusd.com/ ]highest credit score possible [/url] minimum credit score for mortgage equifax credit report free annual

    Reply

  651. experian free credit score [url=http://creditreportblk.com/ ]annual credit report completely free experian [/url] credit report dispute free annual credit report government

    Reply

  663. transunion credit score [url=http://checkcreditscore24.com/ ]how to check credit score [/url] free experian credit report free annual credit report government

    Reply

  664. what is the highest credit score possible [url=http://creditscorecheckww.com/ ]my free credit report [/url] good credit score credit score needed for mortgage

    Reply

  705. how to increase credit score [url=http://creditreportchk.com/ ]what is good credit score [/url] free annual credit report official site what is a great credit score

    Reply

  724. free annual credit report government official [url=http://freecreditreportww.com/ ]free credit report [/url] credit score check turbotax credit report

    Reply

  748. free annual credit report official site [url=http://fastcheckcreditscore.com/ ]how to improve my credit score [/url] my free credit report annual checking credit score

    Reply

  763. what is a good credit score number [url=http://freecreditreportww.com/ ]free credit report annual [/url] my free credit report annual my credit score free

    Reply

  771. transunion free credit report annual [url=http://creditreportsps.com/ ]annual free credit report official site [/url] free credit report transunion annual credit report com

    Reply

  778. free credit score experian [url=http://creditreportchk.com/ ]credit karma free credit score [/url] my free credit report annual equifax business credit report

    Reply

  991. free credit report online [url=http://freecreditreportww.com/ ]my annual credit report free [/url] credit report free free annual credit report com

    Reply

  993. what is a perfect credit score [url=http://fastcheckcreditscore.com/ ]get a free credit report [/url] free annual credit report official site equifax business credit report

    Reply

  1040. good credit score [url=http://freecreditreportww.com/ ]how to improve my credit score [/url] free equifax credit report credit karma free credit score

    Reply

  1080. highest credit score possible [url=http://checkcreditscorewhj.com/ ]my credit score [/url] how to check your credit score transunion credit report free

    Reply

  1116. credit karma free credit report [url=http://checkcreditscorewhj.com/ ]how to check your credit score [/url] credit report dispute credit score needed for mortgage

    Reply

  1125. how to get a free credit report [url=http://checkcreditscorewhj.com/ ]fico credit score [/url] good credit score free equifax credit report request

    Reply

  1170. transunion free credit report annual [url=http://creditscorewww.com/ ]credit score chart [/url] government free credit report check my credit score for free

    Reply

  1220. check my credit report [url=http://fastcheckcreditscore.com/ ]credit karma com free credit score [/url] credit report definition free annual credit report com

    Reply

  1221. get my credit score [url=http://freecreditreportww.com/ ]annual credit report completely free government [/url] anual credit report free credit check report

    Reply

  1241. how to improve credit score [url=http://creditscorewww.com/ ]excellent credit score [/url] free credit score experian annual credit report completely free government

    Reply

  1244. intuit credit score [url=http://checkcreditscorewhj.com/ ]credit score simulator [/url] credit karma com free credit score annual free credit report

    Reply

  1276. credit score calculator [url=http://checkcreditscorewhj.com/ ]business credit score [/url] what is considered a good credit score consumer credit report

    Reply

  1305. free credit karma official site [url=http://checkcreditscorewhj.com/ ]my credit score [/url] free equifax credit report how to check credit score

    Reply

  1322. transunion credit report dispute [url=http://creditreportsww.com/ ]credit report scores [/url] credit karma free credit report free experian credit report

    Reply

  1350. what credit score for mortgage [url=http://creditscorewww.com/ ]free annual credit report government [/url] credit karma tax filing how to unfreeze credit report

    Reply

  1358. experian credit score [url=http://creditscorechecknw.com/ ]free credit report online [/url] minimum credit score for mortgage experian business credit report

    Reply

  1380. credit reporting agency [url=http://creditscorewww.com/ ]good credit score range [/url] my free credit report annual transunion free credit report annual

    Reply

  1386. credit karma credit score free [url=http://creditscorewww.com/ ]what is a good credit score [/url] how to dispute credit report how to improve credit score

    Reply

  1388. credit report definition [url=http://creditscorechecknw.com/ ]annual free credit report [/url] how to raise credit score how to get a free credit report

    Reply

  1432. how to increase your credit score fast [url=http://creditscorewww.com/ ]credit score needed for mortgage [/url] how to raise your credit score fast how to dispute credit report

    Reply

  1443. free credit check report [url=http://freecreditreportww.com/ ]how to increase your credit score fast [/url] credit monitoring credit reporting agency

    Reply