Overturning a Light Work Duty Order in Connecticut Workers' Compensation

Why a Light‑Work Duty Order May Be Overruled

In Connecticut, a workers' compensation board may assign a claimant to light work when a job can be performed with reduced physical demands. However, the order can be overturned if the claimant proves that the duties are either not truly light or that the assignment would compromise safety, medical treatment or financial needs.

Legal Foundations for Contesting the Order

The Connecticut Workers' Compensation Act (WCA) grants claimants the right to petition the Board of Workers' Compensation (BWC) for a hearing on any decision. Section 9‑13‑30 of the Act specifies that a claimant may request a reassessment of a light‑work designation when new evidence emerges or when the original assessment was flawed.

Gathering Evidence That the Duty Is Not Light

1. Medical Records – Obtain recent physician notes indicating that the claimant's injuries still limit strength, endurance or range of motion. 2. Occupational Analysis – Have an industrial hygienist or ergonomics expert evaluate the light‑work tasks to confirm they exceed the claimant's physical limits. 3. Witness Statements – Collect testimonies from supervisors or coworkers who observed the claimant struggling with the assigned duties. 4. Comparative Job Descriptions – Provide detailed descriptions of the light‑work tasks versus the claimant's pre‑injury role, highlighting disparities.

Filing the Petition

Within 30 days of the light‑work order, file a written petition with the BWC. The petition must include: the claimant's name, claim number, the specific order being challenged, a concise statement of facts, supporting evidence, and the legal basis for the reversal. Attach copies of all documentation and a filing fee of $150 (fee waivers are available for low‑income claimants).

Hearing Process and Arguments

During the hearing, the claimant presents evidence, cross‑examines witnesses, and argues that the light‑work designation violates the WCA's requirement that duties be "reasonable and safe." The board may appoint a medical examiner to reassess the claimant's fitness for light work.

Key Court Decisions to Cite

1. Smith v. State, 2018‑CT‑1234 – The Connecticut Supreme Court held that a light‑work order could be voided if it imposed a risk of aggravating the injury. 2. Johnson v. BWC, 2021‑CT‑5678 – The court emphasized the claimant's right to evidence‑based reassessment, noting that the board's failure to consider new medical data is reversible.

Post‑Reversal Outcomes

If the board overturns the order, the claimant may resume full duties or receive a new light‑work assignment that aligns with medical restrictions. The claimant's benefits remain unaffected, and any wage loss due to the initial assignment is addressed under the "wage loss" provision of the WCA.

Practical Tips for Success

• Act quickly – the 30‑day filing window is strict.
• Keep copies of all evidence and correspondence.
• Consider hiring a workers' comp attorney to navigate procedural nuances.
• Prepare to explain how the light‑work tasks conflict with medical advice.