Wislocki v. Town of Prospect
Wislocki v. Town of Prospect
Opinion of the Court
Opinion
This appeal from the decision of the workers’ compensation review board (board) requires us to construe General Statutes (Rev. to 1987) § 31-306 (a) (l)
The parties stipulated to and the commissioner found the following facts. On September 29,1988, Ronald Wis-locki, the deceased employee, sustained a compensable heart injury while in the employ of the defendant town of Prospect. At the time, he did not have a wife with whom he resided or for whom he provided regular support. The employee and the employer entered into a voluntary agreement. On November 28, 1994, liability for the employee’s benefits was transferred to the defendant second injury fund (fund).
At the time of his injury, the employee did not know Joy Caruso, but she became his wife on September 22, 1990. She is now known as Joy Wislocki (plaintiff). The employee died on January 18, 1999, as a consequence of his compensable heart injury or condition. At the time of his death, the employee was receiving temporary total disability benefits as well as social security disability benefits. At that time, the plaintiff was earning a sum far less than the total of the employee’s benefits. She was, therefore, economically dependent in part on the employee and benefiting from funds paid to him. The plaintiff and the employee were married to one another and living together at the time of his death.
Following the employee’s death, the plaintiff sought survivor’s benefits pursuant to § 31-306 because she was married to the employee and dependent on his financial resources when he died. She claimed that she was entitled to benefits as a presumptive dependent, dependent or dependent in fact. The fund rejected the claim, citing the language of the act, because the plaintiff was not a presumptive dependent, dependent or a dependent in fact due to her lack of a relationship with the employee at the time of his injury.
The plaintiff appealed to the board from the commissioner’s decision, arguing that she was presumed to be wholly dependent on the decedent pursuant to § 31-306 (a) (1) because subsection (a) includes two categories of widows, namely, those who lived with the employee at the time of the injury and those who received support regularly from the injured employee at the time of his death. The board affirmed the commissioner’s decision to dismiss the claim, reasoning that the plaintiffs appeal was controlled by the date of injury rule, citing § 31-306 (b) (6)
We begin our review by setting forth the applicable standard of review. “Our role is to determine whether the review [board’s] decision results from an incorrect application of the law to the subordinate facts or from an inference illegally or unreasonably drawn from them.” (Internal quotation marks omitted.) Dixon v.
The issue raised by the plaintiff on appeal requires us to construe § 31-306 (a) (1). “Statutory construction is a question of law and therefore our review is plenary. . . . [0]ur fundamental objective is to ascertain and give effect to the apparent intent of the legislature. . . . In seeking to discern that intent, we look to the words of the statute itself, to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles
The substance of the plaintiffs argument is that she is entitled to survivor’s benefits because she received support regularly from the employee, her husband, at the time of his death. The plaintiff does not dispute that she did not live with the employee at the time of his injury. She argues that because the words “at the time of his injury” do not follow “from whom she receives support regularly,” she is entitled to survivor’s benefits pursuant to § 31-306 (3). She also claims that the commissioner’s decision, as affirmed by the board, defies the humanitarian purposes of the act and narrowly interprets the law contrary to case law, which states that the act is to be construed liberally to achieve those purposes. See, e.g., Davis v. Forman School, 54 Conn. App. 841, 844, 738 A.2d 697 (1999).
“In construing a statute, common sense must be used, and courts will assume that the legislature intended to accomplish a reasonable and rational result.” (Internal quotation marks omitted.) King v. Board of Education, 203 Conn. 324, 332-33, 524 A.2d 1131 (1987). “We have previously recognized that our construction of the Workers’ Compensation Act should make every part operative and harmonious with every other part insofar
We consider the plaintiffs appeal to determine whether she is entitled to survivor’s benefits pursuant to § 31-306 (3)
“Benefits under the [Workers’] Compensation Act are payable only as that act prescribes. To qualify for an award, a claimant must have been a ‘dependent’ of the employee whose injury or death is the basis of an award. The statutory definition of a dependent is ‘a member of the injured employee’s family or next of kin who was wholly or partly dependent upon the earnings of the employee at the time of the injury.’ ” (Emphasis added.) Wheat v. Red Star Express Lines, supra, 156 Conn. 249-50. The definitions of dependents have not changed since the legislature passed the act. “Our Act, as enacted in 1913, defines dependents as meaning and including ‘members of the injured employee’s family or next of kin who were wholly or partly dependent upon the earnings of the employee at the time of the injury.’ ” (Emphasis added.) Piccinim v. Connecticut Light & Power Co., 93 Conn. 423, 424-25, 106 A. 330 (1919).
Although we acknowledge that the language of § 31-306 (a) (1) may be inartful and susceptible to the interpretation suggested by the plaintiff, i.e., two classes of presumptive dependent wives, those living with the employee at the time of injury and those dependent on him for regular support at the time of his death, that interpretation is not plausible in the context of the other sections of the act, which must be harmonized. A presumptive dependent is wholly dependent. General Statutes (Rev. to 1987) § 31-306 (a). Section 31-306 (b) (2) provides that survivor’s benefits shall be paid to “those wholly dependent upon the deceased employee at the time of his injury . . . .” (Emphasis added.) For purposes of receiving survivor’s benefits pursuant to the act, we conclude that a wife is a presumptive dependent of her employee husband only if, at the time of his injury, she lives with him or receives support regularly.
The plaintiff also argues that because the statutes in question do not specifically preclude a person in her position from receiving benefits, they should be liberally interpreted to comport with their humanitarian purpose. That we cannot do. “It is the duty of the court to interpret statutes as they are written . . . and not by construction read into statutes provisions which are not clearly stated.” (Citation omitted; internal quotation marks omitted.) Luce v. United Technologies Corp., 247 Conn. 126, 133, 717 A.2d 747 (1998).
The decision of the workers’ compensation review board is affirmed.
In this opinion the other judges concurred.
General Statutes (Rev. to 1987) § 31-306 (a) provides in relevant part: “The following-described persons shall be conclusively presumed to be wholly dependent for support upon a deceased employee and are referred to hereinafter as presumptive dependents: (1) A wife upon a husband with whom she lives at the time of his injury or from wham she receives support regularly . . . .” (Emphasis added.)
Effective July 1,1991, Public Acts 1991, No. 91-32, § 21, repealed § 31-306 (a) and provided for a definition of presumptive dependents in § 1 of that act. That definition, which is codified at General Statutes § 31-275 (19), did not change the language of the Workers’ Compensation Act, General Statutes § 31-275 et seq., that is relevant to the plaintiffs appeal.
General Statutes (Rev. to 1987) § 31-306 (b) provides in relevant part: “Compensation shall be paid on account of death resulting from an accident arising out of and in the course of employment or from an occupational disease as follows ... (2) To those wholly dependent upon the deceased employee at the time of his injury . . . .” (Emphasis added.)
In its decision, the board stated that the specific question presented by the plaintiffs appeal has not been presented to the board or to this state’s courts of appeal. We know of no appellate decision that is factually on all fours with the facts here, and the parties have not brought one to our attention.
General Statutes (Rev. to 1987) § 31-306 (3) provides: “If the surviving spouse is the sole presumptive dependent, compensation shall be paid until death or remarriage if such should occur.”
This court can envision a number of different scenarios in which a wife does not live with her husband but receives support from him regularly, e.g., pendente lite orders preliminary to a dissolution of marriage or benefits received pursuant to the act while the husband is confined to a medical facility or incarcerated.
In Wheat, claimants were the decedent employee’s three young children with whom he did not live and for whom he did not provide support at the time of his employment related death. Wheat v. Red Star Eccpress Lines, supra, 156 Conn. 246-47.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.