Compensability of workplace brawl a question of fact

Posted by James Aspell | Apr 28, 2010 | 0 Comments

In Fekieta v. Drill Masters, Eldarado Tool, Inc., the CRB was called upon to review the Trial Commissioners decision that a workplace fight between two employees was not compensable. Generally speaking, Connecticut law holds that if you are injured as a result of a fight at work, then that is not causally related to the job itself and thus is not covered for the purposes of workers comp. In Fekieta, that facts were somewhat unique and an argument was made that the fight between the employees was engendered by one worker interfering with the other doing his job. Under certain conditions, I can see this argument carrying the day however in this case, the trial commissioner simply did not find the claimant credible. Not surprisingly, the CRB did not disturb the decision. Questions of credibility are solely within the province of the trier of fact.

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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