5314 CRB-3-08-1 (2009). DiBlase v. Logistec of Connecticut, Inc.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5314 CRB-3-08-1 (2009). DiBlase v. Logistec of Connecticut, Inc CASE NO. 5314 CRB-3-08-1COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSIONJANUARY 23, 2009ANTHONY DIBLASE CLAIMANT-APPELLEE v. LOGISTEC OF CONNECTICUT, INC. EMPLOYER and LAMORTE BURNS & CO. INSURER RESPONDENTS-APPELLANTS APPEARANCES: The claimant was represented by David A. Kelly, Esq., Montstream & May, LLP, 655 Winding Brook Drive, P.O. Box 1087, Glastonbury, CT 06033-6087. The respondents were represented by Neil J. Ambrose, Esq., Letizia, Ambrose & Falls, P.C., One Church Street, New Haven, CT 06511. The Petition for Review from the December 20, 2007 Ruling on Respondents' Motion for Reconsideration and for Oral Argument filed by respondents-appellants was withdrawn May 27, 2008. Oral argument before the board was limited to Claimant's Motion for Summary Dismissal/Motion for Attorney Fees. The motion was heard August 29, 2008 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Ernie R. Walker and Charles F. Senich. RULING ON CLAIMANT'S MOTION FOR ATTORNEY'S FEESJOHN A. MASTROPIETRO, CHAIRMAN.The claimant, Anthony DiBlase seeks a sanction in the form of an award of attorney's fees to be imposed on the respondents, Logistec Connecticut, Inc. and Lamorte Burns & Co. This proposed sanction is based on a claim of unreasonable contest by the respondents. Upon review of the record, we are not persuaded sanctions are warranted under these circumstances. The Motion is denied. The following facts are relevant to the determination. On December 7, 2004 a Finding of Dismissal was reached for this claim based on the grounds that the claimant's injuries were outside the jurisdiction of this Commission. This decision was appealed and this board affirmed the trial commissioner's decision. DiBlase v. Logistec of CT., Inc., 4896 CRB-4-04-12 (January 19, 2006). ("DiBlase I") Our decision was appealed to the Connecticut Supreme Court, which reversed the jurisdictional ruling of the trial commissioner and this board. DiBlase v. Logistec Connecticut , Inc., 283 Conn. 129 (2007). Subsequent to obtaining a favorable result on appeal, the claimant filed a motion for unreasonable contest against the respondents before the trial commissioner acting for the Third District...