The distinction between who is an independent contractor and who is an employee in the realm of Connecticut Workers Compensation law is one of those issues that continues to gnaw at me. And, I think, it may be gnawing at the Compensation Review Board as well. In
Jordan v. Reindeau & Sons Logging, LLC
the CRB took up an appeal in which the trial commissioner concluded the lumberjack that was injured while on the job was an independent contractor as opposed to an employee of the logging company and thus not able to recover for injuries sustained while working.
In reading the CRB's opinion, it is pretty clear that the trial commissioner could have gone either way on this one. I also get the sense the CRB wrestled with what to do. In the end, The CRB deferred and upheld the commissioner's decision. Now I can't say for sure whether or not the trial commissioner concluded as he or she did because of the facts or because the claimant was not represented by one of the more well known comp attorneys while the respondents were, but I think it is a fair question to ponder. There are a lot of intangibles that go into Connecticut workers compensation law practice and this is one of those scenarios that makes me go "hmmmm."
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feel free to contact my office