Bush v. Quality Bakers of America

In this workers’ compensation case, these combined appeals raise questions concerning the constitutionality of the conclusive presumption of General Statutes § 31-297 (b) and the subject matter jurisdiction of the workers’ compensation district commissioner.

The facts are not in dispute. On May 2, 1980, the decedent, Roy Bush, who had been an employee of Quality Bakers of America (Quality), suffered a cardiac arrest and died after playing a racquetball game shortly after noon at a private health club with the president of Quality. Bush’s widow, the claimant, filed a workers’ compensation claim…