Employer's Right to 'Moratorium' Didn't Survive 2011 Amendment

A unanimous Connecticut Supreme Court on Wednesday ruled that a legislative change allowing an injured worker to retain a third of the net proceeds of any recovery obtained from a third-party tortfeasor did not entitle employers to a credit against their future payment of benefits equal to the amount retained by the worker. The right of a worker to recover is, and always was, a statutory right, but the credit was a creation of case law. In Callaghan v. Car Parts International, the court determined that the judicially recognized right of employers could not survive the amendment of Gener...