5323 CRB-3-08-2 (2009). Walsh v. Omni Medical Service.

CourtConnecticut
Connecticut Workers Compensation 2009. 5323 CRB-3-08-2 (2009). Walsh v. Omni Medical Service CASE NO. 5346 CRB-6-08-5COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION APRIL 22, 2009GREGORY G. WALSH CLAIMANT-APPELLEE v. OMNI MEDICAL SERVICE EMPLOYER NO RECORD OF INSURANCE RESPONDENT-APPELLANT and SECOND INJURY FUND RESPONDENT-APPELLEE APPEARANCES: The claimant was represented by Anselmo Delia, Esq., Delia & Dunne, LLC, 205 Church Street, Suite 639, New Haven, CT 06510. The respondent employer was represented by Robert Noonan, Esq., 6 Way Road, Middlefield, CT 06455. The Second Injury Fund was represented by Attorney Kenneth Kennedy, Esq., Assistant Attorney General, Office of the Attorney General, 55 Elm Street, P.O. Box 120, Hartford, CT 06141-0120 who did not file a brief nor appear at oral argument. This Petition for Review(fn1) from the January 30, 2008 Finding and Award of the Commissioner acting for the Third District was heard December 12, 2009 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 in this matter suffered an injury in a parking lot during his lunch hour. He filed a claim against his employer, Omni Medical Services, asserting that the injury occurred as a result of activities incidental to his employment. The respondent denied liability for the injury, but the trial commissioner concluded the injury was compensable. We conclude that the trial commissioner had sufficient facts upon which to reach a finding of compensability in this matter. We also find that on a legal basis the case is similar to cases where appellate courts have found the injury was compensable under an "incidental to employment" concept. Therefore, we affirm the Finding and Award and dismiss this appeal.(fn2) The trial commissioner reached these factual conclusions following a formal hearing. On December 19, 2005, the claimant was employed as a pharmacist by Omni Medical Services at the Hill Health Center in New Haven, Connecticut. Omni was a temporary employment agency that assigned pharmacists to various jobsites. The commissioner found Omni was not insured for workers' compensation liability at the time of the accident.(fn3) The commissioner found the claimant was paid $50 per...

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