5322 CRB-8-08-2 (2009). DeLarosa v. State of Connecticut Department of Correction.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5322 CRB-8-08-2 (2009). DeLarosa v. State of Connecticut Department of Correction CASE NO. 5322 CRB-8-08-2COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION FEBRUARY 9, 2009ROBERT DELAROSA CLAIMANT-APPELLANT v. STATE OF CONNECTICUT DEPARTMENT OF CORRECTION EMPLOYER SELF-INSURED RESPONDENT-APPELLEE and GAB ROBINS OF NORTH AMERICA ADMINISTRATOR APPEARANCES: The claimant was represented by Matthew A. Lucarelli, Esq., Tynan & Iannone, 250 Wolcott Road, Wolcott, CT 06716. The respondent was represented by Philip Schulz, Esq., Assistant Attorney General, Office of the Attorney General, 55 Elm Street, P.O. Box 120, Hartford, CT 06141-0120. This Petition for Review from the January 29, 2008 Finding and Dismissal of the Commissioner acting for the Eighth District was heard August 29, 2008 before a Compensation Review Board Panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Charles F. Senich and Amado J. Vargas. OPINIONJOHN A. MASTROPIETRO, CHAIRMAN.The claimant appeals from the January 29, 2008 Finding and Dismissal of the Commissioner acting for the Eighth District. In that Finding and Dismissal the trial commissioner concluded that claimant's election of benefits pursuant to § 5-142(a) did not require the respondent to pay annual increments and adjustments after the 260th week of total disability benefits. The pertinent facts in this matter are as follows. The claimant was a correction officer who on October 24, 1998 was injured while attempting to restrain an inmate during a physical altercation. The claimant sought benefits pursuant to § 5-142(a). Sec. 5-142(a) provides members of a certain class of state employees with full pay for a period of time if the injury occurred while in the performance of certain duties. A claimant who qualifies may elect to proceed under § 5-142(a) and, for a period of time, may receive a greater weekly compensation rate than that accorded under chapter 568. Sec. 5-142(a) provides in pertinent part:

If any member . . . of any correctional institution . . . sustains any injury (1) while . . . in the actual performance of . . . guard duties . . . or while attending or restraining an inmate of any such institution or as a result of being assaulted in the performance of his duty and (2) that is a direct result of the special

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