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Note: Keep in mind that this accident occurred when the teacher simply turned on a light switch!
WINSTED - The school district is disputing the workers compensation claim filed by the Pearson Middle School teacher who was burned and suffered shock-related injuries during an electrical accident last month, according to the teacher's attorney.
Kevin Creed of the Bristol-based firm Newman, Creed and Associates, said the district's insurance carrier has filed what is called "Form 43" with the Fifth District Workers Compensation Office in Waterbury. The two parties are awaiting a hearing, which should occur within the next 4 to 6 weeks.
Form 43 does not represent an outright denial of the claim, but likely signals some difference in opinion in regards to the severity of an injury or some other aspect of the victim's account.
Kristy Ejazk, the fifth grade teacher who was injured during the accident, has recently returned to her post at the school, although she is wearing a protective glove over her injured hand, Creed said.
He added that he was surprised to hear that the form had been filed because Ejazk has been receiving compensation for her time away from work and related medical bills since the Feb. 11 accident.
"They're continuing to pay for her medical care and benefits. I'm not sure if they filed it in an overabundance of caution or what, but it certainly adds another wrinkle to (the case)," he said. "They're basically saying they reserve the right to contest certain parts."
Creed said he had not been informed of what part of the claim the insurance carrier might object to, but that it would come out at an eventual hearing.
Superintendent of Schools Blaise Salerno could not be reached for comment Friday.
Ejazk had been considering an additional lawsuit against the school district in the weeks following the accident, but there has been no action taken towards that end, Creed said.
The completion of an investigation by school and town authorities, as well as the State Occupational Safety and Health Administration, should help determine if any other action will be taken, he said.
Depending on the findings, the law firm may elect to conduct its own independent investigation, and has asked all other parties to preserve all related evidence, such as the failed circuit breaker involved in the accident.
While it remained unclear what the filing of the form would mean for Ejazk's medical bills and benefits in the future, Creed said he considered the fact that much had already been paid proof that the district has accepted responsibility for her injuries.
"In a very practical sense, once you pay for it, you own it," he said.
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By DAN IVERS