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. It further held that the employer bears the burden of establishing the apportionment of any State settlement claim to offset a death claim.
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 has been a long time Trustee and Secretary for the Sea Research Foundation, which operates Mystic Aquarium and The Institute for Exploration.
Education:
- University of Oregon School of Law, Eugene, Oregon, J.D. – 1970
- Syracuse University, Syracuse, New York, B.A. – 1959
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