No specific laws identified for this ruling.
The trial court upheld the Department of Motor Vehicles hearing officer's decision that licensed wrecker services overcharged for nonconsensual towing services by basing fees on special equipment used rather than hourly labor rates as required by state regulation, ordering restitution and civil penalties.
Pursuant to state regulation (§ 14-63-36c (c)), ''[a] licensed wrecker service may charge additional fees for exceptional services, and for services not included in the tow charge or hourly rate, which are reasonable and neces- sary for the nonconsensual towing . . . of a motor vehicle. Any such addi- tional fees shall be itemized in accordance with the hourly charge for labor posted by the licensed towing service, as required by the provisions of section 14-65j-3 of the [state regulations].'' The plaintiffs, wrecker services licensed in Connecticut, appealed to the trial court from the decision of a Department of Motor Vehicles hearing officer, who determined that the plaintiffs had overcharged the owner of a tractor trailer for certain nonconsensual towing services, and who ordered that the plaintiffs pay restitution and imposed a civil penalty. The plaintiffs were summoned by the state police to provide towing services after the tractor trailer, which was insured by the defendant insurance company S Co., became disabled during a highway accident. The plaintiffs used special equipment to remove the tractor trailer from the highway and to tow it to the plaintiffs' storage facilities. The plaintiffs sent S Co. an itemized invoice for the work performed, including fees associated with the use of the special equipment, which S Co. paid under protest. S Co. subsequently filed a complaint with the named defendant, the Commissioner of Motor Vehicles, claiming, inter alia, that the plaintiffs' charges were unfair and unreasonable. In determining that the plaintiffs overcharged for their services, the hearing officer concluded that the plaintiffs had established their own rate schedule for nonconsensual towing services that was based on the special equipment they used, rather than on the hourly rate for labor set by the commissioner. The hearing officer ultimately disallowed most of the plaintiffs' charges, including any charge that was deemed to be an equipment charge and
This summary was generated to explain the ruling in plain English and is not legal advice.
Pursuant to the Workers' Compensation Act (§ 31-293 (a)), an injured employee may assert a claim against and recover damages from a tortfeasor who is allegedly liable for the employee's work-related injury, even if the employee is entitled to workers' compensation benefits for that injury, and an employer that has paid or has become obligated to pay those benefits to the employee "shall have a lien upon any judgment . . . or any settlement received by the employee from the [tortfeasor]." The plaintiff, as executrix of the decedent's estate and as the decedent's surviving spouse, had filed for workers' compensation benefits after the decedent died of mesothelioma, which was caused in substantial part by his exposure to products containing asbestos during the course of his employ- ment with the defendants, the Commissioner of Motor Vehicles and the town of Manchester. Prior to filing her claims for benefits, the plaintiff settled numerous product liability actions that she had brought against the manu- facturers and suppliers of the products containing asbestos to which the decedent had been exposed, with 70 percent of the net settlement proceeds awarded to the decedent's estate as damages for his personal injuries and death, and 30 percent of the proceeds awarded to the plaintiff for her loss of consortium. With respect to the plaintiff's claim for workers' compensation benefits, an administrative law judge of the Workers' Compensation Commis- sion found that the decedent's exposure to asbestos, both at home and during the course of his employment with the defendants, was a significant factor in causing the decedent to develop mesothelioma. Because the decedent's meso- thelioma was caused in substantial part by this exposure to asbestos during his employment, total incapacity benefits were awarded to the decedent's estate and survivor's benefits were awarded to the plaintiff. The administra- tive law judge determined, however, that the defendants, as the decedent's e
Pursuant to statute (§ 31-294c (b)), whenever an employer contests liability to pay workers' compensation benefits, the employer ''shall file'' with the workers' compensation administrative law judge, on or before the twenty-eighth day after the employer has received the employee's written notice of claim, a notice of intention to contest the employee's right to compensation benefits. The defendants, F Co. and F Co.'s insurer and third-party workers' compensa- tion benefit administrator, appealed from the decision of the Compensa- tion Review Board, which upheld the decision of the administrative law judge precluding the defendants from contesting liability for injuries sustained by the plaintiff during the course of his employment with F Co. Within twenty-eight days of receiving the plaintiff's notice of claims, F Co. mailed to the administrative law judge a notice of intention to contest the plaintiff's right to compensation benefits pursuant to § 31- 294c (b), but the administrative law judge did not receive the notice of intention until after the twenty-eight day statutory period elapsed. The administrative law judge thereafter granted the plaintiff's motion to preclude the defendants from contesting liability, concluding that, because F Co. had failed to commence payment for the claims or file its notice of intention to contest within twenty-eight days following receipt of the plaintiff's notice of claims, as required by § 31-294c (b), the defendants were presumed to have accepted the compensability of the plaintiff's alleged injuries and precluded from contesting his claims. The board upheld the administrative law judge's decision, and, there- after, the defendants appealed. Held that the board properly upheld the administrative law judge's decision to preclude the defendants from contesting liability, as F Co. did not file its notice of intention to contest with the administrative law judge on or before the twenty-eighth day after receiving the plaintiff's no
Pursuant to statute (§ 31-294c (b)), whenever an employer contests liability to pay workers' compensation benefits, the employer ''shall file'' with the workers' compensation administrative law judge, on or before the twenty-eighth day after the employer has received the employee's written notice of claim, a notice of intention to contest the employee's right to compensation benefits. The defendants, F Co. and F Co.'s insurer and third-party workers' compensa- tion benefit administrator, appealed from the decision of the Compensa- tion Review Board, which upheld the decision of the administrative law judge precluding the defendants from contesting liability for injuries sustained by the plaintiff during the course of his employment with F Co. Within twenty-eight days of receiving the plaintiff's notice of claims, F Co. mailed to the administrative law judge a notice of intention to contest the plaintiff's right to compensation benefits pursuant to § 31- 294c (b), but the administrative law judge did not receive the notice of intention until after the twenty-eight day statutory period elapsed. The administrative law judge thereafter granted the plaintiff's motion to preclude the defendants from contesting liability, concluding that, because F Co. had failed to commence payment for the claims or file its notice of intention to contest within twenty-eight days following receipt of the plaintiff's notice of claims, as required by § 31-294c (b), the defendants were presumed to have accepted the compensability of the plaintiff's alleged injuries and precluded from contesting his claims. The board upheld the administrative law judge's decision, and, there- after, the defendants appealed. Held that the board properly upheld the administrative law judge's decision to preclude the defendants from contesting liability, as F Co. did not file its notice of intention to contest with the administrative law judge on or before the twenty-eighth day after receiving the plaintiff's no
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