Connecticut Appellate Court building at 75 Elm St., Hartford, Photo: Google
On August 8, 2023, the Connecticut Appellate Court issued two decisions overturning a long-held understanding of the Workers’ Compensation Act. Both Cochran v. DOT, 220 Conn. App. 855 (2023), and Martinoli v. Stamford Police Dept., 220 Conn. App. 874 (2023), held for the first time ever that retired workers are ineligible for total disability benefits under Conn. Gen. Stat. § 31-307 since they have voluntarily removed themselves from the workforce.
These errant decisions, if upheld, may seismically shift the landscape for retired workers, from police officers to firefighters to asbestos workers. Cochran and Martinoli may deny compensation for any worker whose injury manifests after retirement, regardless of the nature of the injury or its severity.
