5387 CRB-4-08-10 (2009). Ojeda v. Forty-Five Pool Services.

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Connecticut Workers Compensation 2009. 5387 CRB-4-08-10 (2009). Ojeda v. Forty-Five Pool Services CASE NO. 5387 CRB-4-08-10COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION SEPTEMBER 8, 2009JOSE OJEDA CLAIMANT-APPELLEE v. FORTY-FIVE POOL SERVICES EMPLOYER NO RECORD OF INSURANCE and SECOND INJURY FUND RESPONDENT-APPELLANTAPPEARANCES: The claimant was represented by Lawrence F. Morizio, Esq., Cousins, Desrosiers & Morizio, P.C., 2563 Main Street, Stratford, CT 06615-5844. The respondent-employer did not submit a brief nor appear at oral argument. The Second Injury Fund was represented by Michael J. Belzer, 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 October 2, 2008 Finding and Award of the Commissioner acting for the Fourth District was heard April 24, 2009 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Peter C. Mlynarczyk and Christine L. Engel.OPINION JOHN A. MASTROPIETRO, CHAIRMAN. This appeal is based on a single issue: did the claimant prove the existence of an employer-employee relationship at the time of his injury? The respondent Second Injury Fund ("Fund") appeals from an award to the claimant predicated on the existence of this relationship. We find that the trial commissioner had a sufficient quantum of evidence to find the presence of an employer-employee relationship in this case. Therefore, we affirm the trial commissioner and dismiss this appeal. The trial commissioner found the following facts. The parties were noticed to a formal hearing held February 19, 2008 to which the respondent-employer did not attend despite receipt of certified letters. The claimant testified that he began working for Forty-Five Pool Services as a technician in May of 2006. He testified that on July 29, 2006, while driving a vehicle owned by the respondent-employer, he was struck by another vehicle from behind while stopped at a red light. At the time of the accident he was driving to the warehouse to pick up supplies for his employer. The claimant said he reported the accident immediately to his employer and presented at Griffin Hospital on July 31, 2006 with complaints of pain in his lower back, both legs and left arm. The claimant said that he...

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