Skip to main content
Find a Lawyer

Enter legal issue and location

Carolyn P. Kelly - New London, CT

75 State Street New London, CT 06320

Virtual Appointments

Updated: 03/01/2024

New London Workers' Compensation Lawyer

Overview

Attorney Carolyn P. Kelly is a Director who has practiced law in the area of Workers' Compensation and in particular under the Longshore and Harbor Workers' Compensation Act for over 20 years. She has made a significant contribution to the development of Longshore case law in the Second Circuit having represented Claimants in some of the most frequently cited cases. In Barscz v. Director, Office of Workers' Compensation Programs and Electric Boat Corporation 486 F.3d 744 (2d Cir...

Attorney Carolyn P. Kelly is a Director who has practiced law in the area of Workers' Compensation and in particular under the Longshore and Harbor Workers' Compensation Act for over 20 years. She has made a significant contribution to the development of Longshore case law in the Second Circuit having represented Claimants in some of the most frequently cited cases. In Barscz v. Director, Office of Workers' Compensation Programs and Electric Boat Corporation 486 F.3d 744 (2d Cir. 2007) the court reversed the decision below and determined that an employee's disability benefits could not be credited against a death claim. It further held that the employer bears the burden of establishing the apportionment of any State settlement claim to offset a death claim. The case of Pietrunti v. Director, Office of Workers' Compensation Programs 119 F.3d, 1035 (2d Cir. 1997) stands for the principle that treating physicians are accorded special deference. In LaFaille v. Benefits Review Board 884 F.2d 54 (2d Cir. 1989) the Court confirmed that in order to establish a potential loss of wage earning capacity, the post injury wages must be adjusted backward in time to account for post injury inflation and then compared to the pre-injury average weekly wage. This case also established that a nominal award (de minimus) may be used to preserve a possible future award where there is a significant physical impairment without a present loss of wage earning capacity. In Palombo v. Director, Office of Workers Compensation Programs 937 F.2d 70 (2d Cir. 1991) the Court adopted the three part analysis of the Fifth Circuit in determining when total disability becomes permanent. When a claimant shows he can no longer perform his usual job, a prima facie case for total disability is established. Then the burden shifts to the employer to establish the availability of suitable alternate employment. A claimant can rebut the employer's showing of suitable alternate employment and retain his eligibility for total disability benefits if he shows he diligently pursued employment opportunities, but was unable to secure a position. Other reported cases are listed below.

While handling many cases for orthopedic injuries, Attorney Kelly has also worked extensively with persons suffering from occupational diseases such as asbestosis and lung cancer, stress disorders, and heart disease arising in the workplace.

Attorney Kelly also handles cases under the Defense Base Act, particularly relevant today, because it covers injuries sustained by civilians employed at overseas military bases, on overseas construction projects for the United States government or its allies and other employees fulfilling service contracts tied to such construction projects or a National Defense activity. The Longshore Act has also been extended to cover civilian employees of Armed Forces Facilities such as Base Exchanges, who are paid from funds generated from earnings other than a Congressional Appropriation.

Carolyn Kelly is a graduate from Syracuse University with a B.A. in International Affairs. One of only five women in her starting class, she earned her law degree from the University of Oregon where she was named Comments Editor of the Oregon Law Review.

Attorney Kelly was a principal and partner in the Law Firm of O'Brien, Shafner, Stuart, Kelly & Morris, P.C. in Groton, Connecticut for 36 years before joining Suisman, Shapiro in 2008. She is a past-president of the Connecticut Bar Association and a past member of the American Bar Association's Board of Governors where she served for one year as the Chair of the Finance Committee, one of the three working committees of the Board. Attorney Kelly continues to be a member of the Connecticut Bar Association, the American Bar Association and the Connecticut Trial Lawyers Association.

Attorney Kelly is a Trustee Emeritus for the Sea Research Foundation, which operates Mystic Aquarium.

REPORTED CASES

Barscz v. Director, OWCP, 486 F.3d 744 (2nd Cir. 2007)
Pietraroia v. Northeast Utilities 254 Conn 60, 756 A.2d 845 (2000)
Blanding v. Director, OWCP, 186 F.3d 232 (2nd Cir. 1999)
Benlock v. New Haven Terminal, 48 Conn. App. 250, 706 A.2d 1390 (1998)
Pietrunti v. Director, OWCP, 119 F.3d 1035 (2nd Cir. 1997)
Palombo v. Director, OWCP, 937 F.2d 70 (2nd Cir. 1991)
Lozada v. Director, OWCP, 903 F.2d 168 (2nd Cir. 1990)
Lafaille v. Benefits Review Board, USDOL, 884 F.2d 54 (2nd Cir. 1989)

Qualifications

Bar Admissions

  • Connecticut, 1971
  • U.S. District Court District of Connecticut
  • U.S. Court of Appeals 2nd Circuit
  • U.S. Supreme Court, 1989

Other Affiliations

  • American Bar Association, 1996 - 1999 (Board of Governors)
  • American Bar Association, 1996 - 1999 (Chair, Finance Committee)
  • American Bar Association, 1993 - 1996 (State Delegate for Connecticut)
  • American Bar Association, 2006 - 2008 (State Delegate for Connecticut)
  • American Bar Foundation (Life Fellow)
  • Connecticut Bar Association, 1990 - 1991 (President)
  • Connecticut Bar Association, 1980 - 1992 (Board of Governors)
  • Connecticut Bar Association, 1987 - 1989 (Chair, Court Rules Advisory Committee)
  • Connecticut Bar Association, 1991 - Present (Member, Federal Judiciary Committee)
  • Connecticut Bar Association, 1991 - 1992 (Chair, Committee on Professionalism)
  • Connecticut Bar Foundation, 1984 - 1993 (Director)
  • Connecticut Bar Foundation (Charter Fellow)
  • Connecticut Trial Lawyers Association (Member)
  • New London County Bar Association, 1971 - Present (Member)

Past Positions

  • O'Brien, Shafner, Stuart, Kelly & Morris, Principal, 1971 - 2008

Education

  • University of Oregon School of Law, Eugene, Oregon, 1970
    J.D.
    Honors: Phi Kappa Phi
    Law Review: Oregon Law Review, Comments Editor, 1969 - 1970
  • Syracuse University, Syracuse, New York, 1959
    B.A.
    Honors: Phi Kappa Phi
    Major: International Relations

Fraternities and Sororities

  • Phi Kappa Phi

Fees

Accepts Credit Cards

Articles

Published Works

  • "The Case Against Oregon's Dead Man's Statutes", Oregon Law Review

Office Information

Address

75 State Street New London, CT 06320

Fax

  • 860-442-0495

When viewing a listing, consider the state advertising restrictions to which lawyers and law firms must adhere, as well as our FindLaw.com Legal Directory disclaimer. Some lawyers publish comparative information regarding the services that they provide which may be subject to specific comparative communications restrictions.

Write Your Review

Fields marked with an * are required

1. Rating

Overall rating

How would you rate your overall experience with this lawyer?

Use the up and down arrows to increase or decrease the rating

Please Rate
Optional ratings
Value
Please Rate
Quality Of Service
Please Rate
Professional Competence
Please Rate

2. Review

Please share your opinion of working with this attorney. Do not reveal personal information or details about your case. All submitted reviews are shared with the attorney prior to publishing.

Your feedback must be at least 50 characters.Your review must be at least 50 characters
I would recommend this attorney to friends and family:

3. Verification

Keep my name anonymous from public view:
Customer Type
Please choose one

Unable to send request

By submitting this form you agree to receive email communications from FindLaw related to the management of your review.

Privacy Statement Contact Lawyer FAQ

Map Location

Google Map

How do I choose a lawyer?

Consider the following:

Comfort Level
- Are you comfortable telling the lawyer personal information? Does the lawyer seem interested in solving your problem?

Credentials
- How long has the lawyer been in practice? Has the lawyer worked on other cases similar to yours?

Cost
- How are the lawyer's fees structured - hourly or flat fee? Can the lawyer estimate the cost of your case?

City
- Is the lawyer's office conveniently located?

Not sure what questions to ask a lawyer?

Here are a few to get you started:

  • How long have you been in practice?
  • How many cases like mine have you handled?
  • How often do you settle cases out of court?
  • What are your fees and costs?
  • What are the next steps?

Want to check lawyer discipline?

It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can:

  • Ensure the attorney is currently licensed to practice in your state
  • Gain an understanding of his or her historical disciplinary record, if any.
  • Determine the seriousness of complaints/issues which could range from late bar fees to more serious issues requiring disciplinary action.

Find a Lawyer

More Options