Janice Thomas v. Department of Developmental Services

Summary

The court held that an employer's statutory lien under General Statutes § 31-293 (a) includes a credit against unknown, future workers' compensation benefits in the amount of an injured employee's net recovery from a third-party tortfeasor. Reading the lien provision together with the statute's other provisions, prior interpretation of the employer's claim, legislative acquiescence, and the policy against double recovery, the court affirmed the compensation review board. The court also rejected the employee's arguments that the employer waived the credit or had to prove an actual double recovery.