5352 CRB-6-08-6 (2009). Mohamed v. Domino's Pizza.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5352 CRB-6-08-6 (2009). Mohamed v. Domino's Pizza CASE NO. 5352 CRB-6-08-6COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION APRIL 22, 2009OMER E. MOHAMED CLAIMANT-APPELLEE v. DOMINO'S PIZZA EMPLOYER and AMERICAN HOME ASSURANCE CO. AIG CLAIMS SERVICES, INC. INSURER RESPONDENTS-APPELLANTS APPEARANCES: The claimant was represented by John Pirina, Esq., Law Offices of Arnaldo J. Sierra, LLC, 215 Washington Street, Hartford, CT 06106 and Jon L. Schoenhorn, Esq., Schoenhorn & Favreau, Attorneys at Law, 108 Oak Street, Hartford, CT 06106-1514. The respondents were represented by John Majewski, Esq., Bai, Pollock, Blueweiss & Mulcahey, P.C., One Corporate Drive, 5th Floor, Shelton, CT 06484. This Petition for Review from the May 20, 2008 Ruling on Respondent's Motion to Dismiss of the Commissioner acting for the Sixth District was heard December 12, 2008 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Charles F. Senich and Jack R. Goldberg. OPINIONJOHN A. MASTROPIETRO, CHAIRMAN.This appeal is the result of interlocutory orders responsive to the efforts of the respondent, AIG Claims Services, Inc., ("AIG") to void a stipulation reached between the claimant and the respondent. AIG obtained ex parte relief and the claimant later sought to have a formal hearing convened to rule on AIG's request. AIG now argues that the claimant's failure to immediately appeal the ex parte decision to this board makes that decision final. The trial commissioner did not agree and we concur. In the absence of a formal hearing, we cannot entertain an appeal on the issues presented herein. The appeal is dismissed and the matter remanded for a formal hearing on the merits. The dispute is the result of efforts to resolve issues emanating from the claimant's June 25, 2004 motor vehicle accident, which the claimant asserts is a compensable injury. The claimant pursued remedies before this commission and also brought a personal injury action. The respondent asserted a lien against recovery in the tort action. The parties acknowledge they held discussions as to compromising the amount of the lien prior to the claimant executing a stipulation for his compensable injury. On November 13, 2006 the parties presented an executed stipulation to the Commission for approval, in which AIG agreed to pay the claimant $20,000 to resolve this claim against his employer. The stipulation included handwritten additions to the original document in which AIG agreed to waive any lien rights and reimbursement rights to the claimant's settlement of a third party action. The stipulation also crossed out language referring to the statutory right of reimbursement against tortfeasers or other insurers. Commissioner Ernie R. Walker approved this stipulation on November 13, 2006. On December 4, 2006 counsel for AIG filed a Motion to Void Stipulation with Commissioner Walker. The motion asserted that pursuant to § 31-315 C.G.S. the approved stipulation should now be voided because "the Stipulation did not represent a full and complete meeting of the minds concerning a material fact." The motion further asserted that counsel at the hearing did not have authority from AIG to "change the terms of the original agreement" by adding the lien waiver language. Without notice to the claimant, Commissioner Walker approved this motion on December 5, 2006. Subsequent to that decision, the claimant sought a formal hearing on the issue of whether or not to void the approved agreement. AIG then filed a Motion to Dismiss dated November 28, 2007 asserting that since the claimant failed to appeal Commissioner Walker's ex parte order within the time limitation of § 31-301 (a) C.G.S. , the claimant was barred from seeking any relief from that order...