State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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CRB Case Annotations re: Section 52-572r

[Repealed effective July 1, 1993]

Product liability claims against third parties.

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Sellew v. Northeast Utilities, 12 Conn. Workers’ Comp. Rev. Op. 135, 1422 CRB-8-92-5 (April 7, 1994), dismissed for lack of final judgment, A.C. 13541, 13542 (June 14, 1994).

Employer has no right to an offset or credit against any third party product liability action where date of injury occurred when § 52-572r(c) was in effect i.e., between October 1, 1979 and July 1, 1993. See also, Sellew, § 31-275(15), § 31-294c and § 31-310.

Kramptez v. Uniroyal Chemical, 11 Conn. Workers’ Comp. Rev. Op. 293, 1367 CRD-5-92-1 (December 8, 1993).

CRB affirmed trier’s finding that decedent’s date of injury of December 7, 1981 controls whether § 52-572r applies. (Note § 52-572r(c) was in effect from October 1, 1979 through July 1, 1993). As § 52-572r applies and § 31-293 does not, respondent employer had no right to an offset against any third party product liability recovery. See also, Kramptez, § 31-293.

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State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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