Advance Release Opinions – Supreme Court – September 14

Review of a Connecticut Supreme Court advance release opinion about worker’s compensation.

Worker’s Compensation

Filosi v. Electric Boat Corporation – Filosi filed claims under the state Worker’s Compensation Act and the federal Longshore and Harbor Workers’ Compensation Act. While his worker’s comp claim was pending, a federal administrative law judge awarded Filosi benefits under the Longshore Act. Back in the worker’s comp proceeding, Filosi argued that the federal decision collaterally estopped Electric Boat from contesting worker’s comp eligibility. Electric Boat argued that it was not collaterally estopped because the causation standard under the Longshore Act is less stringent than the standard under the Worker’s Compensation Act. So, Electric Boat argued, it should be allowed to defend the claim under the more stringent worker’s comp standard. Commissioner dismissed Filosi’s claim on findings that Electric Boat was not collaterally estopped and Filosi had failed to establish causation. Board reversed. Supreme Court affirmed board, finding Electric Boat “collaterally estopped from relitigating the issue of causation under the state act because the record of the Longshore Act proceedings indicates that the administrative law judge employed the substantial factor standard that governs in the state forum.”