5273 CRB-6-07-9 (2009). Chmielewski v. Reno Machine Company, Inc.

CourtConnecticut
Connecticut Workers Compensation 2009. 5273 CRB-6-07-9 (2009). Chmielewski v. Reno Machine Company, Inc CASE NO. 5273 CRB-6-07-9COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSIONMAY 4, 2009TADEUSZ CHMIELEWSKI CLAIMANT-APPELLEE v. RENO MACHINE COMPANY, INC. EMPLOYER RESPONDENT-APPELLEE and TRAVELERS PROPERTY & CASUALTY INSURER RESPONDENT-APPELLEE and HARTFORD INSURANCE GROUP INSURER RESPONDENT-APPELLANT APPEARANCES: The claimant was represented by John C. Lewis, Esq., Brignole, Bush and Lewis, Attorneys and Counselors at Law, 73 Wadsworth Street, Hartford, CT 06106 who did not file a brief nor appear at oral argument as the issues did not involve the claimant. The respondent Reno Machine Company, Inc. was represented by Richard Bartlett, Esq., McGann, Bartlett & Brown, 111 Founders Plaza, Suite 1201, East Hartford, CT 06108. The respondent Travelers Property & Casualty was represented by Andrew J. Hern, Esq., Law Offices of Andrew J. Hern, 221 Main Street, 5th Floor, Hartford, CT 06106. The respondent Hartford Insurance Group was represented by Lisa A. Bunnell, Esq., and Meg Crawford, Esq., Montstream & May, 655 Winding Brook Drive, P.O. Box 1087, Glastonbury, CT 06033-6087. This Petition for Review(fn1) from the September 11, 2007 Finding & Award/Finding & Dismissal of the Commissioner acting for the Sixth District was heard February 24, 2009 before a Compensation Review Board panel consisting of Commissioners Peter C. Mlynarczyk, Randy L. Cohen and David W. Schoolcraft. OPINIONPETER C. MLYNARCZYK, COMMISSIONER.The present case is a dispute between two insurance carriers as to the obligation to pay for the claimant's surgery and assume ongoing obligation for this claim. The trial commissioner found the claimant had suffered two compensable injuries; but that the initial injury caused his need for surgery. The respondent Hartford Insurance Group has appealed, asserting that this result is inconsistent with the precedent in Hatt v. Burlington Coat Factory, 263 Conn. 279 (2003). We conclude the trial commissioner reached legally sound conclusions consistent with the facts in this case. We affirm the Finding & Award/Finding & Dismissal and dismiss this appeal.The trial commissioner reached the following conclusions of fact. He found the claimant had been employed by Reno Machine Company, Inc. ("Reno") during all times relevant to the dispute. The respondent Reno had paid benefits for an October 25, 1999 lifting injury which occurred at work. Following that injury the claimant had been treated at New Britain General Hospital. A CT scan performed at that facility revealed a small focal disc protrusion at L4-5 and sclerotic change at...

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