5346 CRB-6-08-5 (2009). Syzmaszek v. City of Meriden.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5346 CRB-6-08-5 (2009). Syzmaszek v. City of Meriden CASE NO. 5346 CRB-6-08-5COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION APRIL 2, 2009ESTATE OF ROBERT SYZMASZEK CLAIMANT-APPELLANT v. CITY OF MERIDEN EMPLOYER SELF-INSURED RESPONDENT-APPELLEE and WORKERS COMPENSATION TRUST ADMINISTRATOR APPEARANCES: The claimant was represented by Thomas A. Weaver, Esq., Law Firm of Thomas A. Weaver, Esq., 721 Broad Street, Meriden, CT 06450. The respondent was represented by John Quinn, Esq., Furniss and Quinn, P.C., Stoneleigh Building, 248 Hudson Street, Hartford, CT 06106. This Petition for Review from the May 7, 2008 Finding & Award/Finding & Dismissal of the Commissioner acting for the Sixth District was heard November 21, 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.This matter involves whether an unpaid permanent partial disability award which remains unpaid during the claimant's life is subject to a credit against temporary total disability benefits paid to the claimant during his or her lifetime. In the instant matter, the claimant's permanent partial award had been stayed while he received temporary total disability benefits. The temporary total disability benefits paid to the claimant during the course of his lifetime exceeded the permanent partial disability award due to the claimant's estate. The respondent advanced the argument that precedent permitted them to take a credit on the temporary total benefits and therefore, the claimant's estate was not entitled to an award. The trial commissioner agreed with this position, finding the case of Garland Hall v. Gilbert & Bennett Manufacturing Co., 1449 CRB 7-92-7, 12 Conn. Workers' Comp. Rev. Ops. 146 (April 7, 1994) ("Garland Hall") governed the facts in this case. On appeal we concur with the trial commissioner. The parties submitted a Stipulation of Facts which was the basis of the trial commissioner's decision. The jurisdictional facts in the case were established in a 1984 Voluntary Agreement acknowledging the claimant had "hypertension/heart disease" as defined under § 7-433c C.G.S. The claimant received a 15% permanent partial disability rating which was paid in full by the respondent, City of Meriden. The claimant received 117 weeks of benefits which expired approximately in October 1986. Subsequently, in 1990 the claimant suffered a catastrophic stroke which left him with major neurological deficits including a seizure disorder, aphasia and paralysis of his right arm and leg. Due to the stroke, the claimant received temporary total disability benefits from the date of the stroke in March 1990 until his death on May 16, 2007. The claimant sought benefits for additional specific indemnity for the permanent impairment resulting from his stroke while he was receiving temporary total disability benefits. This was resolved in an Award By Stipulation to Date dated December 21, 2000 and approved on January 11, 2001. The respondent agreed to pay the claimant an additional 70% permanency (546 weeks) over and above the 15% entered on the Voluntary Agreement for specific approved in 1984, with...