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October 7, 2019
Summary Judgment Granted in Union Employee’s Workers’ Comp Case

The firm has represented a Connecticut Construction Company for over 25 years. Carl Ficks recently defended the client in a workers’ compensation discrimination claim (a/k/a a 31-290a claim) brought by a former union employee. The company issued the employee a layoff with no recall, as allowed under the applicable union contract, at the end of the 2016 construction season. At the time of the layoff, the employee had a pending workers’ compensation claim and alleged that his “no recall” layoff was issued in retaliation for filing that claim. On July 31, 2019 the Court, Aurigemma, J., granted a motion for summary judgment, finding that the plaintiff failed to sustain his burden that the company’s reasons for issuing a “no-recall” layoff to him in 2016 were false or that the company intended to discriminate against the former employee in any way. We litigated this case for almost 2 ½ years and trial was set for September 2019. As a result of the ruling, final judgment was entered and there was no trial.

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Carl R. Ficks, Jr.
Labor & Employment
Workers' Compensation Attorneys