5424 CRB-7-09-2 (2010). Ouelette v. New England Masonry Company.

• Court: Connecticut

Connecticut Workers Compensation 2010. 5424 CRB-7-09-2 (2010). Ouelette v. New England Masonry Company CASE NO. 5424 CRB-7-09-2COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSIONJANUARY 14, 2010HENRY OUELLETTE CLAIMANT-APPELLANT v. NEW ENGLAND MASONRY COMPANY EMPLOYER and AIG CLAIMS SERVICES INSURER RESPONDENTS-APPELLEES APPEARANCES: The claimant was represented by Ross T. Lessack, Esq., The Dodd Law Firm, LLC, Ten Corporate Center, 1781 Highland Avenue, Suite 105, Cheshire, CT 06410. The respondents were represented by Lynn M. Raccio, Esq., Law Offices of Jack V. Genovese II, 200 Glastonbury Boulevard, Suite 301, Glastonbury, CT 06033. This Petition for Review from the January 26, 2009 Finding and Award of the Commissioner acting for the Seventh District was heard July 24, 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. This appeal requires us to resolve a single question. Did the trial commissioner err in determining that the respondents were entitled to a 20% credit against the claimant's present 32.5% permanency rating? The claimant argues that he did not receive sufficient monetary compensation against the permanent partial disability rating he received after his first injury. Therefore, the claimant believes there should be a smaller credit applied against what the respondent is obligated to pay for permanent partial disability after the subsequent injury. We have reviewed the claimant's pleadings and the law governing this issue. We conclude that the trial commissioner's decision is consistent with the evidence presented and the precedent on this issue. There is no error and the Finding and Award is herein affirmed. The following facts are pertinent to our consideration of this matter. The claimant has sustained a number of compensable back injuries; two injuries incurred in 1999 and a subsequent injury which occurred on February 11, 2003. Prior to the more recent injury, the claimant and the respondent settled the claims for the initial injuries via a Stipulation to Date dated February 6, 2002. This stipulation called for the claimant to receive the sum of $37,500 as compensation for his prior injuries. The stipulation also recited the claimant's position that he had sustained a 20% permanent partial disability to his low back as a result of the compensable injuries. During the formal hearing on the present claim, the claimant asserted that he had received $12,889.32 for temporary total disability benefits from the $37,500 award, leaving a balance against the permanency award of $24,600.68. The claimant stated that his compensation rate at the time was $584.20 and based on this rate he had received 41.94 weeks of permanency benefits. He stated that a 20% permanency rating for the lower back entitled him to a considerably longer period of benefits and that the...