5390 CRB-4-08-10 (2009). Cascella v. State of Connecticut Department of Correction.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5390 CRB-4-08-10 (2009). Cascella v. State of Connecticut Department of Correction CASE NO.5390 CRB-4-08-10COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION OCTOBER 28, 2009RONALD CASCELLA CLAIMANT-APPELLEE v. STATE OF CONNECTICUT/DEPARTMENT OF CORRECTION EMPLOYER SELF-INSURED RESPONDENT-APPELLANT and GAB ROBINS OF NORTH AMERICA, INC. ADMINISTRATORAPPEARANCES: The claimant was represented by Juliet M. Nolta, Esq., 55 Corporate Drive, Trumbull, CT 06611. The respondent was represented by Michael J. Belzer, Esq., Assistant Attorney General, 55 Elm Street, P.O. Box 120, Hartford, CT 06141-0120. This Petition for Review from the October 15, 2008 Finding and Award of the Commissioner acting for the Fourth District was heard on 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. The claimant has petitioned for review from the October 15, 2008 Finding and Award of the Commissioner acting for the Fourth District. We find error and accordingly reverse in part the decision of the trial commissioner. Given that the issue upon which we reverse is dispositive of the appeal, we therefore decline to reach the remaining arguments propounded by the appellant.The following factual findings are pertinent to our review. The claimant, an employee of the Department of Correction since July 23, 1993, was working as a Correction Officer at the Bridgeport Community Correctional Center on February 26, 1996. The claimant testified that his job responsibilities consisted of inspecting his assigned unit, performing "facility counts," and transporting inmates to activities such as classes, medical or counseling appointments, and recreational programs. The claimant stated that "his number one job duty . . . is to create a safe and humane environment for staff as well as inmates to cohabitate." Findings, ¶ 13. On February 26, 1996, the claimant was scheduled to work from 4:00 p.m. to 12:00 a.m. as a "rover," which role required him to cover various areas of the facility while other officers were on their meal breaks and to be available for emergency calls. On the evening of February 26, 1996, a "code white" occurred in the New Center Hospital, which is located within the correctional facility. A "code white" signifies that an emergency is occurring, and at trial the claimant explained that he was trained at the academy "to respond to a code as quickly as possible, since a simple code could turn into the loss of a unit, loss of control of a facility or a loss of someone's life." Findings, ¶ 18. The claimant testified that he immediately responded to the code and was instructed to go to the shower area in the hospital; he did so, and testified that as he approached the showers, "the situation was confusing and alarming. [The claimant] heard keys jingling, radios going off and directions being yelled and screamed by officers." Findings, ¶ 21. When he arrived at the scene, there were blood spatters on the wall and floor, and he saw that a fellow correction officer was restraining an inmate by one arm which he had pinned against the wall of the shower. The claimant testified that he did not know what the inmate was doing with his other arm but was concerned that a weapon might had been used because the inmate had cut himself. The claimant testified that when he reached the shower area, he was told to "glove up," which is a universal precaution officers are trained to perform in order to avoid exposure to diseases which can be transmitted through the transfer of bodily fluids. The claimant stated that as he slowed down to put his gloves on, he stepped into a puddle on the floor of the shower area which caused him to lose his footing. The claimant sustained a compensable injury and subsequently underwent two surgeries on his lumbar spine. The claimant is seeking temporary total disability benefits pursuant to § 5-142(a) C.G.S. (also known as hazardous duty pay) for the period immediately following the injury between February 27, 1996 and August 27, 1996.(fn1) The claimant is also seeking temporary total disability...