DocketNumber: AC 16854
Citation Numbers: 49 Conn. App. 114
Judges: Schaller
Filed Date: 6/23/1998
Status: Precedential
Modified Date: 9/8/2022
Opinion
The plaintiff, Terry Ann Williams, appeals from the decision of the workers’ compensation commissioner (commissioner) dismissing her wrongful discharge claim against the defendant Shawmut Mortgage Company (Shawmut).
The following facts are relevant to a resolution of this appeal. The plaintiff began her employment with the defendant in October, 1979, and worked in a variety of supervisory office positions. The plaintiff last worked for the defendant in January, 1991, when she left work allegedly suffering from depression and other psychiatric conditions caused by ongoing stress and harassment
In February and March, 1991, Zelman reported to the defendant that the plaintiff was unable to return to work because of her depression. In April, 1991, Zelman told the defendant that the plaintiff would be able to return to work if she was transferred to a new division. Between April and July, 1991, the plaintiff and the defendant discussed that possibility, but no accord was reached regarding a suitable position. In August, 1991, the plaintiff began receiving disability benefits from the defendant. The plaintiff told the defendant’s rehabilitation consultant that she was enrolled in computer classes and wanted to be contacted for future employment with the defendant in May, 1992, upon completion of her classes. She had not heard from the defendant when, in November, 1992, she accepted employment as a full-time secretaiy, purportedly on a temporary basis, at Colt’s Manufacturing Company, Inc., (Colt’s) receiving a lower salary than that she had earned while working for the defendant. The plaintiff notified the defendant of her employment at Colt’s and stopped receiving disability benefits in January, 1993.
In January and April, 1993, formal hearings were held on the plaintiffs claim. The parties agreed to settle the claim and entered into a stipulation. Under the terms of the stipulation, the defendant paid the plaintiff $17,000, in addition to paying the plaintiffs outstanding medical bills, in settlement of all past, present and future workers’ compensation claims against the defendant arising from the alleged incidents of harassment.
On August 3, 1993, the defendant sent the plaintiff a notice informing her of her right to continue receiving group health insurance benefits at her own expense. The notice stated that the “loss of [the plaintiffs group health insurance] coverage has occurred due to Termination of Employment on 01/23/93.” (Emphasis added.) The plaintiff claims that this notice was the first notification she received that her employment with the defendant had been terminated.
On February 10, 1994, the plaintiff filed a wrongful discharge claim with the commission, alleging that the defendant had terminated her employment on August 3, 1993, in retaliation for her workers’ compensation claim and in violation of § 31-290a. The claim was heard by the commissioner for the first district on September 24, 1996. At the commencement of the hearing, the defendant asserted that the commissioner lacked jurisdiction to hear the plaintiffs claim because her right to file such a claim had been waived in the July 7, 1993 stipulation. The commissioner allowed the hearing to continue, reserved his judgment on whether he had subject matter jurisdiction to hear the claim and directed the parties to submit briefs on the issue.
The plaintiff was the sole witness at the hearing. A substantial portion of her testimony on direct examination concerned the circumstances of her § 31-290a
At the conclusion of the plaintiffs direct examination, the defendant began cross-examining the plaintiff. The commissioner, however, suspended the hearing for the day prior to the completion of cross-examination. There was no redirect examination. Although the commissioner stated that further testimony would be taken on a future date,
The plaintiffs principal claim on appeal is that the commissioner improperly dismissed her claim for lack of subject matter jurisdiction. We agree.
“Subject matter jurisdiction is the power to hear and determine cases of the general class to which the proceedings in question belong.” (Internal quotation marks omitted.) Parker v. Commissioner of Correction, 27 Conn. App. 675, 683, 610 A.2d 1305, cert. denied, 223 Conn. 909, 612 A.2d 57 (1992). “Administrative agencies [such as the workers’ compensation commission] are tribunals of limited jurisdiction and their jurisdiction is dependent entirely upon the validity of the statutes vesting them with power . . . .” (Internal quotation marks omitted.) Figueroa v. C & S Ball Bearing, 237 Conn. 1, 4, 675 A.2d 845 (1996).
Section 31-290a (b) specifically provides that an employee who is wrongfully discharged for filing a workers’ compensation claim against his employer may “file a complaint with the chairman of the Workers’ Compensation Commission . . . ,”
Whether the stipulation should be interpreted as barring the plaintiff from filing a wrongful discharge claim is one of the issues to be decided by the commissioner.
In the present case, the matter did not proceed to a full hearing on the merits. Nevertheless, in ruling on the defendant’s motion to dismiss, the commissioner made two critical findings: (1) “the [plaintiff] was terminated from employment prior to the time that the stipulation was entered into when she began to work for another employer in December of 1992,” and (2) in accordance with Rondini v. Tectonic Industries, 10 Conn. Workers’ Comp. Rev. Op. 210 (1992), the “stipulation ended all rights arising from the [plaintiffs] workers’ compensation claim.” The commissioner concluded, citing Rondini, that he lacked subject matter jurisdiction to hear the plaintiffs claim.
The decision of the workers’ compensation commissioner is reversed and the matter is remanded to the commission for further proceedings.
In this opinion the other judges concurred.
In addition to the named defendant, Hartford Insurance Group, as insurer, is also a defendant. Shawmut is the successor to Connecticut National Bank, against which the original workers’ compensation claim was made. We refer in this opinion to Shawmut as the defendant.
General Statutes § 31-290a (a) provides: “No employer who is subject to the provisions of this chapter shall discharge, or cause to be discharged, or in any manner discriminate against any employee because the employee has filed a claim for workers’ compensation benefits or otherwise exercised the rights afforded to him pursuant to the provisions of this chapter.”
General Statutes § 31-290a (b) provides in relevant part: “Any employee who is so discharged or discriminated against may ... (2) file a complaint with the chairman of the Workers’ Compensation Commission alleging violation of the provisions of subsection (a) of this section. . . . Any party aggrieved by the decision of the commissioner may appeal the decision to the Appellate Court.”
The plaintiff makes five other claims on appeal. The plaintiff claims that the commissioner improperly determined that (1) the plaintiff was terminated from employment prior to entering into a stipulated agreement with the defendant to settle her workers’ compensation claim for repetitive trauma and stress, (2) the stipulated agreement barred the plaintiff from filing 1he present retaliatory termination claim pursuant to § 31-290a, (3) a purported agreement that was not executed was not admissible into evidence and (4) the plaintiff was not allowed discovery from the defendant at the hearing. In view of our disposition of the principal issue in this appeal, we need not address these claims because we cannot say that they are likely to occur on remand. See State v. Arroyo, 180 Conn. 171, 181-82, 429 A.2d 457 (1980). The plaintiffs fifth claim is that the commissioner improperly relied on Rondini v. Tectonic Industries, 10 Conn. Workers’ Comp. Rev. Op. 210 (1992), in dismissing her claim.
Finally, in its appellate brief, the defendant claims that the plaintiffs appeal to this court is improper because she failed to file a motion to correct with the commissioner. Because the defendant raises this issue for the first
The fifth paragraph on page two of the stipulation provided: “The payment of said SEVENTEEN THOUSAND ($17,000.00) DOLLARS as aforesaid
At the hearing, the following colloquy took place:
“The Commissioner: [W]hat I’m getting at is, was there something in the actions and words of the parties that occurred on July 7, 1993, in the way which would have relevance as to whether or not a wrongful discharge claim was intended to be included in this [stipulation]?
“[Plaintiffs Counsel]: Yes, yes, there will be evidence offered on that
At the conclusion of the hearing, the commissioner stated, “Okay, I think this is a good time to take a break. We’ll suspend the taking of testimony, and we’ll have to reassign this." (Emphasis added.)
See footnote 3.
Rondini is factually distinguishable from this case because there was no dispute in Rondini that the plaintiff was fired prior to the time that the parties entered into the stipulation. Moreover, the compensation review board in Rondini incorrectly held that the preclusive effect of that stipulation
See footnotes 6 and 7.