Connecticut Appellate Court Decides Wrongful Death/Worker’s Comp Case Involving Mohegan Sun Casino

Here is the opinion in Lubrano v. Mohegan Sun Casino (Conn. App.):

Lubrano v Mohegan Sun Casino

An excerpt:

The defendants, Mohegan Sun Casino and Safety National Casualty Corporation, appeal from the decision of the workers’ compensation review board (board) affirming the decision of the workers’ compensation commissioner for the second district (commissioner) denying the defendants’ request to review their claim challenging the allocation of certain third party settlement proceeds between the plaintiff, Joseph Lubrano, and his wife, Jill Lubrano. On appeal, the defendants claim that (1) the board improperly affirmed the commissioner’s finding that the  [6] workers’ compensation commission (commission) lacked jurisdiction to review the amount of a spouse’s recovery from a third party claim for loss of consortium when determining the appropriate moratorium due to the defendants, (2) “the commissioner erred in finding, and the board erred in affirming, that the [defendants] had waived reimbursement of workers’ compensation benefits paid” and (3) “the commissioner erred in finding, and the board erred in affirming, that the [defendants’] moratorium was only $2,190,056.3.” We affirm the decision of the board.