5372 CRB-2-08-8(2009). Robert v. Electric Boat Corporation.

CourtConnecticut
Connecticut Workers Compensation 2009. 5372 CRB-2-08-8(2009). Robert v. Electric Boat Corporation CASE NO. 5372 CRB-2-08-8COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION SEPTEMBER 30, 2009CLARENCE ROBERT, Deceased LILLIAN E. ROBERT, Dependent Spouse of (Deceased) ESTATE OF LILLIAN E. ROBERT MARIE R. ROBERT, PERSONAL REPRESENTATIVE CLAIMANT-APPELLEE v. ELECTRIC BOAT CORPORATION EMPLOYER SELF-INSURED RESPONDENT-APPELLANT and LIBERTY MUTUAL INSURANCE CO. INSURER RESPONDENT-APPELLANT and TRAVELERS PROPERTY & CASUALTY and ACE USA INSURER RESPONDENT-APPELLANTAPPEARANCES: The claimant was represented by Carolyn P. Kelly, Esq., Suisman, Shapiro, Wool, Brennan, Gray & Greenberg, P.C., 2 Union Plaza, Suite 200, P.O. Box 1591, New London, CT 06320. The respondent-employer Electric Boat Corporation was represented by Peter D. Quay, Esq., Law Office of Peter D. Quay, LLC, P.O. Box 70, Taftville, CT 06380. The respondent-insurer Liberty Mutual Insurance Company was represented by Marian H. Yun, Esq., Law Offices of Turret & Rosenbaum, 101 Barnes Road, 3rd Floor, Wallingford, CT 06492. The respondent-insurer Travelers Property & Casualty and ACE USA were represented by Lucas D. Strunk, Esq., Pomeranz, Drayton & Stabnick, 95 Glastonbury Boulevard, Glastonbury, CT 06033. These Petitions for Review from the August 13, 2008 Finding of the Commissioner acting for the Eighth District were heard June 19, 2009 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Peter C. Mlynarczyk and Randy L. Cohen.OPINION JOHN A. MASTROPIETRO, CHAIRMAN. The respondents, Travelers Property & Casualty and ACE USA, and Liberty Mutual Insurance along with the respondent employer-self insured, Electric Boat, appeal from the August 13, 2008 Finding Regarding Average Weekly Wage Compensation Rate and Apportionment of Liability of the Commissioner acting for the Eighth District.(fn1) This matter has been before this tribunal previously and was the source of our opinions in Robert v. General Dynamics Corp./Electric Boat Div., 4691 CRB-2-03-7 (June 14, 2004) [hereafter Robert I] and Robert v. Electric Boat Corporation, 4976 CRB-2-05-7 (July 26, 2006)[hereafter Robert II].The pertinent facts and procedural history is as follows. The claimant is the dependent spouse of the decedent. The...

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