5427 CRB-7-09-2 (2010). Gladstone v. City of Stamford.

• Court: Connecticut

Connecticut Workers Compensation 2010. 5427 CRB-7-09-2 (2010). Gladstone v. City of Stamford CASE NO. 5427 CRB-7-09-2COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSIONJANUARY 13, 2010DAVID R. GLADSTONE CLAIMANT-APPELLEE v. CITY OF STAMFORD EMPLOYER SELF-INSURED RESPONDENT-APPELLANT and PMA MANAGEMENT CORPORATION OF NEW ENGLAND ADMINISTRATOR APPEARANCES: The claimant was represented by Gary J. Wilson, Esq., Attorney At Law, 4 Daniels Farm Road, Suite 168, Trumbull, CT 06611. The respondent was represented by Scott W. Williams, Esq., Maher and Williams, 268 Post Road, P.O. Box 550, Fairfield, CT 06824, who not appear at oral argument. However, the matter was considered on the basis of papers submitted on behalf of the respondent. This Petition for Review from the January 26, 2009 Finding Re: Remand of the Commissioner acting for the Seventh District was heard August 28, 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 is the second time this panel has considered the issues regarding the timeliness of the claimant's bid for § 7-433c C.G.S. benefits. In Gladstone v. Stamford, 5124 CRB-7-06-8 (April 23, 2008) we remanded this matter back to the trial commissioner for a determination as to the claimant's scienter, pursuant to the standards enunciated in Ciarlelli v. Hamden, 5098 CRB-3-06-6 (April 1, 2008), appeal pending, S.C. 18201. The trial commissioner upon remand concluded in her Finding Re: Remand of January 26, 2009 the claimant did not have actual or constructive knowledge he was suffering hypertension more than one year prior to commencing this claim. Therefore, she concluded the claimant sought benefits in a timely fashion and the Commission had jurisdiction over the claim. We find that this determination was the result of weighing the evidence on the record. Therefore, we affirm the trial commissioner's determination herein and dismiss this appeal. The trial commissioner reached the following factual findings. She noted that the claimant did not file a Form 30C with the local Commission office, Findings, ¶ 3, but gave notice of his claim in June 2, 2003 at an informal hearing before the Commission. Findings, ¶ 11. The trial commissioner found the claimant...