5335 CRB-8-08-4 (2009). Sapko v. State of Connecticut Department of Correction.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5335 CRB-8-08-4 (2009). Sapko v. State of Connecticut Department of Correction CASE NO. 5335 CRB-8-08-4 COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION MARCH 23, 2009CHRISTINE L. SAPKO, Dependent Spouse of ANTHONY SAPKO 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 John J. Quinn, Esq., Furniss & Quinn, P.C., 248 Hudson Street, Hartford, CT 06106. The respondent was represented by J. Sarah Posner, 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 April 3, 2008 Finding and Dismissal of the Commissioner acting for the Eighth District was heard October 24, 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 claimant in the instant matter appeals from the April 3, 2008 Finding and Dismissal of the Commissioner acting for the Eighth District. In that Finding and Dismissal, the trial commissioner denied the claimant's claim for benefits as a dependent spouse pursuant to § 31-306. The claimant is the dependent spouse of Anthony S. Sapko [hereafter decedent]. She and the decedent were the parents of two minor children. On August 18, 2006, the decedent died. The decedent's cause of death was the result of multiple drug toxicity due to the interaction of excessive doses of oxycodone and seroquel (quetiapine). In addition to identifying the cause of death as multiple drug toxicity, the medical examiner's report also indicated that the nature of the decedent's death was an accident and not suicide. See ¶ k, Claimant's Exhibit A and Claimant's Exhibit G. The claimant contends that the decedent's death was causally related to his compensable workers' compensation injury. The trial commissioner did not agree and this appeal followed. The pertinent facts are as follows. Until the time of his death, the decedent was employed as a Correction Officer for the State of Connecticut. The decedent's employment with the State began December 8, 1995 and followed his 21 year tenure as Police Officer for the City of New Britain. In the...