Supreme Court of Connecticut

Willie Franklin v. Superior Casting

August 30, 2011302 Conn. 219

Summary

The court affirmed the workers’ compensation review board’s determination that the Connecticut Insurance Guaranty Association was initially liable for benefits owed by an insolvent insurer that was the last insurer on the risk. It held that the exhaustion requirement does not eliminate the association’s liability because the claimant receives only the benefits due under the Workers’ Compensation Act and does not obtain a duplicate or windfall recovery. The court applied plenary review because the appeal required construction of two statutory schemes. No separate opinions were filed.