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Nursing assistant workers' comp claim denied for missing filing deadline
Connecticut’s appellate court said the case hinged on whether the hip condition fit an occupational disease timeline, concluding it fell under the one year rule for repetitive trauma claims.
A certified nursing assistant in Connecticut lost her workers' compensation appeal after an appellate court said the claim was filed too late, without deciding whether her hip injury was medically caused by her job, according to Insurance Business.
The Aug. 25, 2026 ruling centered on timing rules that depend on injury type in Connecticut. Accidental and repetitive trauma claims have a one year filing deadline, while occupational disease claims allow three years, the court explained.
The administrative law judge found the claimant’s worn out left hip more closely resembled repetitive trauma than an occupational disease. The board also noted that work-related is not the same standard as occupational disease, and that the evidence did not establish she was more susceptible to injury because of her occupation.
Because the court treated the injuries as repetitive trauma, the one year clock ran from the claimant’s last day of exposure. The claimant had filed eight notices of claim between January 2020 and November 2022 for injuries dated from October 2017 to February 2020, and the commission lacked jurisdiction to award benefits, the court affirmed.