Summary
In Sartirana v. Town of Winchester, 3 Conn. Workers' Comp. Rev. Op. 67, 68, 368 CRD-5-84 (1986), we recognized that, under Sec. 31-297(b), a respondent "is limited to defend only on the specific grounds listed on its contentment notice" and granted the claimant's motion to preclude defenses "to the extent that the respondent Town may only raise the defense included in its contestment notice."
Summary of this case from Crute v. Arthur Fletcher Fuel Oil Co.Opinion
CASE NO. 368 CRD-5-84
JULY 15, 1986
The claimant was represented by David J. Morrissey, Esq.
The respondent-employer was represented by David A. Moraghan, Esq.
The Second Injury and Compensation Assurance Fund was represented by Robert Murphy, Esq. Assistant Attorney General. However, they did not participate in briefing or oral argument before the Compensation Review Division.
This Petition for Review from the November 28, 1984 Finding and Award of the Commissioner for the Fifth District was argued May 30, 1986 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi and Commissioners Andrew Denuzze and Michael S. Sherman.
DECISION ON MOTION TO PRECLUDE
Claimant, a paid full time fireman, filed a claim for compensation under 7-433c, C.G.S. against his employer, the Town of Winchester on September 29, 1982. On October 13, 1982 the Town filed a Form 43 "Notice to Compensation Commissioner and Employee of Intention to Contest Liability to Pay Compensation". Said Notice contested the claim on the following grounds: "Alleged hypertension heart disease did not occur within the course of employment".
The claimant filed a Motion to Preclude the respondent Town from raising any defenses to the claim. Actually, the respondent Town had filed a contestment notice citing a defense. Under 31-297(b) the respondent is limited to defend only on the specific grounds listed on its contestment notice.
31-297(b) applies to 7-433c matters, Grover v. Manchester, 165 Conn. 615 (1973), Plainville v. Travelers Indemnity Co., 178 Conn. 664 (1979), Janco v. Fairfield, 39 Conn. Sup. 403 (1983). Therefore, the claimant's Motion to Preclude Defenses is granted to the extent that the respondent Town may only raise the defense included in its contestment notice. The decision of the Commissioner below is reversed, and the matter is remanded to him for further proceedings in conformity with this decision.
Commissioners Andrew Denuzze and Michael S. Sherman concur.