Opinion
CASE NO. 720 CRD-2-88-4
MARCH 27, 1989
The claimant was represented by Mark Oberlatz, Esq., O'Brien, Shafner, Bartinik, Stuart Kelly, P.C.
The respondents INA/Aetna Insurance Co. and Aetna Casualty Surety Co. were represented by Jason Dodge, Esq., and Lucas Strunk, Esq., Pomeranz, Drayton Stabnick. National Employers was represented by Peter Quay, Esq. However, no appearance by National Employers was made at either the trial level or on appeal.
The respondent-Second Injury Fund was represented by Diane Duhamel, Esq., Assistant Attorney General.
This Petition for Review from the June 22, 1988 Supplemental Finding and Award of the Commissioner for the Second District was heard September 16, 1988 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Andrew Denuzze and Frank Verrilli.
At issue is whether the Second District erred in ordering the Second Injury Fund to pay Sec. 31-301(b) benefits in its June 22, 1988 ruling. We are not here addressing respondents' appeal from the original March 29 Finding and Award.
The Supplemental Finding and Award of Compensation Pursuant to Sec. 31-301(b) C.G.S. of June 22, 1988 was entered subsequent to the Second District Commissioner's March 29, 1988 Finding and Award. The only issue considered in this appeal proceeding is whether the trial Commissioner erred as a matter of law in granting benefits under Sec. 31-301(b).
Annechiarico v. Friendly Ice Cream Co., 6 Conn. Workers' Comp. Rev. Op. 18, 640 CRD-7-87 (1988) is on all fours and therefore dispositive. We find no error and affirm the Commissioner's June 22 order against the Second Injury Fund.