5376 CRB-2-08-9 (2009). Nordstrom v. State of Connecticut Department of Correction.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5376 CRB-2-08-9 (2009). Nordstrom v. State of Connecticut Department of Correction CASE NO. 5376 CRB-2-08-9COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION JUNE 19, 2009FREDERICK J. NORDSTROM CLAIMANT-APPELLEE v. STATE OF CONNECTICUT/DEPARTMENT OF CORRECTION EMPLOYER SELF-INSURED RESPONDENT-APPELLANT and GAB ROBINS OF NORTH AMERICA ADMINISTRATORAPPEARANCES: The claimant was represented by Scott A. Carta, Esq., Law Offices of Leighton, Katz & Drapeau, 20 East Main Street, P.O. Box 838, Rockville, CT 06066. The respondent was represented by Taka Iwashita, 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 August 20, 2008 Finding and Award from the Commissioner acting for the Second District was heard January 23, 2009 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Peter C. Mlynarczyk and Randy L. Cohen.OPINIONJOHN A. MASTROPIETRO, CHAIRMAN.The following appeal deals with whether the trial commissioner properly applied § 5-142(a) C.G.S. in awarding benefits to an injured correction officer. The respondent argues the situation herein does not fall within the scope of the "special hazards" covered in the statute. We conclude that based on the record presented that this was a judgment call for the trial commissioner. We affirm the Finding and Award and dismiss this appeal.The trial commissioner found the following facts. As the respondent did not file a Motion to Correct, we conclude that for the purposes of this appeal they are conclusively admitted. See Crochiere v. Board of Education, 227 Conn. 333, 347 (1993) cited in Stevens v. Raymark Industries, Inc., 5215 CRB-4-07-4 (March 26, 2008). On September 28, 2006 the claimant was employed by the Department of Correction as a counselor at the J.B. Gates correctional facility. The claimant had an "open door" policy and met with inmates three quarters (¾) of the day in his 10 X 12 office, sitting behind a three-foot desk. He had a caseload of approximately 100 inmates and helped them with transactional supervision, re-entry furlough, parole questions, etc. On that date one inmate came to the claimant's office to ask him to call his parole officer. At this meeting the...