5373 CRB-8-08-8 (2009). Schleidt v. Eldredge Carpentry, LLC et al.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5373 CRB-8-08-8 (2009). Schleidt v. Eldredge Carpentry, LLC et al CASE NO. 5373 CRB-8-08-8COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSIONJULY 14, 2009TIMOTHY W. SCHLEIDT CLAIMANT-APPELLANT v. ELDREDGE CARPENTRY, LLC EMPLOYER and TOWN OF OLD SAYBROOK EMPLOYER and CIRMA INSURER RESPONDENTS-APPELLEES and SECOND INJURY FUND RESPONDENT-APPELLEEAPPEARANCES: The claimant was represented by Peter G. Perakos, II, Esq., and Barry Zitser, Esq., Perakos & Zitser, P.C., 44 Capitol Avenue, Suite 302, Hartford, CT 06106-1706. The respondent-employer was represented by Michael McCormack, Esq. Tyler Cooper & Alcorn, LLP, 205 Church Street, P.O. Box 1936, New Haven, CT 06509-1910. The respondents Town of Old Saybrook and CIRMA were represented by Jason M. Dodge, Esq., Pomeranz, Drayton & Stabnick, 95 Glastonbury Boulevard, Glastonbury, CT 06033. The Second Injury Fund was represented by Philip Schulz, Esq., Assistant Attorney General, Office of the Attorney General, 55 Elm Street, Hartford, CT 06141-0120. This Petition for Review from the August 14, 2008 Finding and Dismissal of the Commissioner acting for the Eighth District was heard February 27, 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. In Hanson v. Transportation General, Inc., 245 Conn. 613, 625 (1998), the Supreme Court determined that "the totality of factors" must be weighed in the determination of when a claimant for workers' compensation benefits has established the jurisdictional requirement of an employer-employee relationship. The trial commissioner in the present case concluded that the claimant had failed to prove that such a relationship existed at the time of his injury, and therefore dismissed the claim. The claimant has appealed arguing that he in fact proved the existence of this relationship. On review, we find the trial commissioner properly applied the test in Hanson, supra. We affirm the Finding and Dismissal and dismiss this appeal.The commissioner reached the following conclusions after a lengthy formal hearing which yielded 71 findings of fact. The trial commissioner found the claimant neither credible nor persuasive; but found the respondent's witnesses were credible and persuasive. He found the claimant was injured on April 10, 2006 when he was standing on a metal scaffold that collapsed. The claimant sustained injuries to his left foot, left tibia, left fibula, and two vertebrae. He had been providing carpentry services to the respondent Eldredge Carpentry LLC since late December 2004. At the time of the injury the claimant had been working alone and unsupervised for almost one hour. The trial commissioner found the claimant had worked for other people in the carpentry field after commencing his relationship with Eldredge. He also concluded the claimant brought his own tools and equipment to the job site, including a circular saw and screw gun, and did not receive paid vacation, paid sick time, paid health insurance or pension benefits during his time at Eldredge Carpentry LLC. The claimant filed his federal income taxes as a self-employed sole...