5422 CRB-2-09-2 (2010). Gibson v. State of Connecticut Department of Developmental Services - North Region.

• Court: Connecticut

Connecticut Workers Compensation 2010. 5422 CRB-2-09-2 (2010). Gibson v. State of Connecticut Department of Developmental Services - North Region CASE NO. 5422 CRB-2-09-2COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSIONJANUARY 13, 2010SUSAN GIBSON CLAIMANT-APPELLEE v. STATE OF CONNECTICUT/DEPARTMENT OF DEVELOPMENTAL SERVICES-NORTH REGION EMPLOYER SELF-INSURED RESPONDENT-APPELLANT and GAB ROBINS NORTH AMERICA ADMINISTRATOR APPEARANCES: The claimant was represented by Anthony Feit, Esq., Attorney at Law, 4-B New London Turnpike, Suite 6, Glastonbury, CT 06033. The respondent was represented by Lawrence G. Widem, 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 January 28, 2009 Finding and Dismissal of the Commissioner acting for the Second District was heard July 24, 2009 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Randy L. Cohen and Stephen B. Delaney. OPINIONJOHN A. MASTROPIETRO, CHAIRMAN. This appeal is based on a single issue: did the trial commissioner err in dismissing the respondent's claim that they were entitled to reimbursement from the claimant for an overpayment? Upon reviewing the evidence presented at the hearing we conclude the trial commissioner had a sufficient basis to find the respondent's arguments and evidence unpersuasive. We therefore affirm the decision of the trial commissioner and dismiss this appeal. A rather convoluted series of events predated the commissioner's ruling in this matter. The claimant was injured in the 1980's while in the employ of the respondent. On August 28, 1989 a voluntary agreement was approved between the claimant and the respondent for those injuries. The agreement called for the payment of permanent partial disability benefits of 5% for the cervical spine; 7.5% for the lumbar spine and 5% for the left hand attributed to those injuries. Those injuries were stated as having occurred on February 24, 1987. The voluntary agreement stated a maximum medical improvement date of March 8, 1988. In the Finding and Dismissal at issue, the trial commissioner noted that the voluntary agreement had "a distinct tear at the upper left corner of the document consistent with stapled attachments, but the attachments are no longer present." Findings, ¶ 1. The claimant moved on June 12, 2008 to reopen the voluntary agreement, arguing the voluntary agreement is defective as to the maximum medical improvement date reflected. She argued that as she was not represented by counsel at the time the voluntary agreement was approved in 1989, it should be reopened. The respondent filed a timely objection to this motion. A formal hearing was held on August 4, 2008 wherein the claimant testified that she was assisted by a union representative at the time she signed the voluntary agreement. She said she had been told by the commissioner hearing her case that day that she should sign the agreement. She also testified that she had been represented by counsel for one purpose; the attorney obtained a full and final stipulation with the respondent for a foot injury. The trial commissioner took administrative notice of a stipulation in the amount of Five Thousand Dollars ($5,000) dated April 16, 1993 and approved by the workers' compensation...