Precedent Setting Decisions

At Hoekenga & Machado, LLC, our attorneys not only work hard to defend your rights but they also work hard to create them, too! Our attorneys do not back down from a challenge and it’s this same fight and dedication to advocate for our clients that have lead our attorneys to win important cases in their fields. Two of these cases have actually set binding precedent throughout the State of Connecticut and you can read all about them below.

Attorney Philip F. Spillane

DAVID HARPAZ
v.
LAIDLAW TRANSIT, INC.

The court ruled in Harpaz that an employer who fails to contest a workers’ comp claim in a timely manner or begin paying benefits within 28 days of receiving a notice of claim may not, for the life of the claim, contest the compensability of the injured worker’s disability.

Attorney Meg Lyon

Angel Tubasaquipay
v.
All Seasons Landscaping of Ridgefield, LLC.

As of January 31, 2029, undocumented workers are now eligible for total incapacity benefits under Connecticut General Statute §31-307 as a result Meghan Lyon’s victory on appeal in a case of first impression, Angel Tubasaquipay v. All Seasons Landscaping of Ridgefield, LLC.

The Case

David Harpaz v. Laidlaw Transit, Inc.

The court ruled in Harpaz that an employer who fails to contest a workers’ comp claim in a timely manner or begin paying benefits within 28 days of receiving a notice of claim may not, for the life of the claim, contest the compensability of the injured worker’s disability.

Attorney Spillane’s efforts in the case of Harpaz v. Laidlaw Transit, Inc., successfully argued to the Connecticut Supreme Court, set a statewide precedent regarding injured workers’ rights when the employer fails to properly contest the claim. 

The Case

Angel Tubasaquipay v. All Seasons Landscaping of Ridgefield, LLC.

In this case, most notably known as “the Tuba case,” an employee fell from a tree while working at All Seasons Landscaping of Ridgefield, LLC on December 16, 2011 and broke his back. The Claimant, Mr. Tuba, filed a claim through the Workers’ Compensation Act for medical and indemnity benefits available to him under the law. Unfortunately, the owner of All Season’s Landscaping of Ridgefield, LLC never purchased workers’ compensation insurance, dissolved his company, and left the state. As a result, the claim proceeded against the Second Injury Fund pursuant to C.G.S. §31-355(b).