5324 CRB-8-08-2 (2009). Dellarocco v. Town of Old Saybrook.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5324 CRB-8-08-2 (2009). Dellarocco v. Town of Old Saybrook CASE NO. 5324 CRB-8-08-2COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSIONJANUARY 16, 2009CHARLES DELLAROCCO CLAIMANT-APPELLANT CROSS-APPELLEE v. TOWN OF OLD SAYBROOK EMPLOYER and CIRMA INSURER RESPONDENTS-APPELLEES CROSS-APPELLANTS APPEARANCES: The claimant representing himself did not appear. The respondents were represented by Robert J. Enright, Esq., McGann, Bartlett & Brown, 111 Founders Plaza, Suite 1201, East Hartford, CT 06108. This Petition for Review from the February 11, 2008 Finding and Award of the Commissioner acting for the Eight District was heard September 26, 2008 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Ernie R. Walker and Charles F. Senich. OPINION JOHN A. MASTROPIETRO, CHAIRMAN.The instant matter is the subject of appeals both from the claimant and the respondents. The respondents argue that the trial commissioner should not have awarded the claimant benefits under § 31-312 C.G.S. for hours spent seeking medical treatment. At the time the claimant was being treated he was receiving contemporaneous weekly compensation payments due to a voluntary agreement and stipulation. The claimant argues that the trial commissioner improperly failed to award him these benefits for visits he made to obtain prescription medication. We are persuaded that the trial commissioner erred in awarding § 31-312 C.G.S. benefits to the claimant in this instance; hence we uphold the respondents' appeal. As to the claimant's appeal, we are not persuaded the trial commissioner erred regarding the issues raised by the claimant. We also believe such an award was not permitted based on our reading of § 31-312 C.G.S. We affirm the commissioner on those issues. The trial commissioner found the following facts after a formal hearing which concluded January 30, 2008. The claimant suffered a compensable lumbar injury in 2003 and both parties entered into a Stipulation To Date on October 6, 2006 for $5,018 for all indemnity benefits claimed for the time period September 1, 2005 to November 8, 2005. A Voluntary Agreement was approved on April 27, 2005 giving the claimant an eight percent permanent partial disability to the back for 29.92 weeks and an eight percent...