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Rumour Fueled Assualt on Homosexual Co-Worker provides Lurid fact pattern but predictable result

Posted by James Aspell | Jan 20, 2009 | 0 Comments

In a recently released decision, the CRB was called upon to determine whether or not the trial Commissioner had erred when he found that an assault on a homosexual restaurant worker by a fellow employee after- hours was not compensable within the language of the Connecticut Worker's Coimpensation Act. According to the reported facts in Hernandez v. Pizzaria 101 and Family, The claimant was attacked in a parking lot after work one evening by a fellow employee who had evidently heard a rumour that the Claimant was having a homosexual relationship with the attacker. The rumour reportedly got back to the attacker's hometown in Mexico, where the attacker's girlfriend got wind of it and was not surprisingly distressed. Despite the vivid and somewhat intriguing fact pattern, the case really just stands for the axiomatic proposition in Connecticut worker's compensation law that assaults by co-worker's (no matter how intriguing the circumstances) and any other manner of workplace brawl or tomfoolery are not compensable under our Act. If you are injured on the job in connecticut, feel free to call our offices for a free, no obligation assessment of your case.

About the Author

James Aspell

Principal since August 1, 2006 James F. Aspell is the principal and managing attorney of the firm which he started in 2006 following 20 years of litigation practice in a mid -size firm in Hartford, Connecticut. Jim focuses his practice in the areas of worker's compensation and personal injury l...


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