5317 CRB-2-08-1 (2009). Houghton v. Town of Andover.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5317 CRB-2-08-1 (2009). Houghton v. Town of Andover CASE NO. 5317 CRB-2-08-1COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION JANUARY 27, 2009 BRIAN HOUGHTON CLAIMANT-APPELLEE v. TOWN OF ANDOVER EMPLOYER and WEBSTER INSURANCE COMPANY INSURER RESPONDENTS-APPELLANTS and HARTFORD INSURANCE GROUP INSURER RESPONDENTS-APPELLEES APPEARANCES: The claimant was represented by Benjamin M. Massa, Esq., 221 Main Street, Hartford, CT 06106. However, as the issues did not involve the claimant, he did not appear. The respondents Town of Andover and Webster Insurance Company were represented by David C. Davis, Esq., McGann, Bartlett & Brown, 111 Founders Plaza, Suite 1201, East Hartford, CT 06108. The respondents Town of Andover and Hartford Insurance Group were represented by John W. Greiner, Esq., Law Offices of David J. Mathis, 55 Farmington Avenue, Suite 500, Hartford, CT 06105. This Petition for Review from the January 17, 2008 Finding and Award of the Commissioner acting for the Second District 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. OPINIONJOHN A. MASTROPIETRO, CHAIRMAN.The respondent Webster Risk Services [hereafter Webster] filed this appeal from the January 17, 2008 Finding and Award of the Commissioner acting for Second District. In that Finding and Award the trial commissioner ordered the appellant to reimburse the respondent, Hartford Insurance Group, [hereafter Hartford] 51.1 weeks of § 31-308a benefits paid by the Hartford to the claimant. At the outset, we note that this is not the first time this tribunal has considered an appeal pertaining to the administration of the instant claim. Our earlier consideration of this matter resulted in our opinion in Houghton v. Andover, 4949 CRB-2-05-6 (May 18, 2006) [hereafter Houghton I]. The pertinent facts giving rise to the claim and this appeal are as follows. The claimant sustained a compensable injury to his back on March 2, 1995. The carrier on the risk at the time of this injury was the Hartford. The claimant underwent surgery and returned to work without any physical restrictions. On October 31, 1995 a Voluntary Agreement was approved providing the claimant with 56.1 weeks of permanent...