KELLY BEEL CLAIMANT-APPELLEE
v.
ERNST & YOUNG, LLC EMPLOYER
and
AMERICA CASUALTY INSURANCE COMPANY INSURER RESPONDENTS-APPELLANTS
No. 6352 CRB-7-19-10
Connecticut Workers Compensation
Compensation Review Board Workers Compensation Commission
December 16, 2020
This
Petition for Review from the September 26, 2019 Finding and
Award of Preclusion by Brenda D. Jannotta, the Commissioner
acting for the Seventh District, was heard April 24, 2020
before a Compensation Review Board panel consisting of
Commission Chairman Stephen M. Morelli and Commissioners
Randy L. Cohen and William J. Watson III.
[1]
The
claimant was represented by Scott Wilson Williams, Esq.,
Williams Law Firm, L.L.C.
The
respondents were represented by Giovanna T. Giardina, Esq.,
Law Offices of Kathryn M. A.
OPINION
STEPHEN M. MORELLI, CHAIRMAN.
The
respondents have appealed from the September 26, 2019 Finding
and Award of Preclusion (finding) issued by Commissioner
Brenda D. Jannotta (commissioner) acting for the Seventh
District. The issue before the commissioner was whether the
preclusive effects of General Statutes § 31-294c (b)
should be applied to the respondents. The respondents argue
that although their form 43 disclaimer was an untimely
response to the claimant’s form 30C written notice of
claim pursuant to the provisions of § 31-294c
(b)
[2],
they should be allowed to contest the extent of the
claimant’s injuries.
On
appeal the respondents seek review of; (1) whether the
commissioner erred in concluding that the claimant’s
written notice of claim was sufficient such that the
respondents could properly investigate the claim and (2)
whether the commissioner erred in concluding the
respondents’ actions in this matter did not permit them
to be within the “safe harbor” from the effects
of preclusion as expressed in Dubrosky v. Boehringer
Ingelheim Corp., 145 Conn.App. 261, cert. denied,
310 Conn. 935 (2013).
We
commence our review by noting the procedural posture of this
appeal. The parties appeared before the commissioner at a
formal hearing on April 4, 2019. At that hearing the parties
stipulated to the following facts.
a. An employer/employee relationship existed on the claimed
date of injury of May 17, 2018.
b. There was a compensable injury on May 17, 2018.
c. A Form 30C was received by the Worker’s Compensation
Commission on August 31, 2018.
d. A Form 30C was received by the employer on September 4,
2018.
e. The Claimant received, at no cost to her, short-term
disability benefits from July 23, 2018 through December 20,
2018.
f. The Claimant underwent cervical spine surgery performed by
Dr. Gitelman on September 20, 2018.
g. There was no request by the Claimant to CNA, the
Workers’ Compensation insurer, for indemnity or medical
benefits through to at least October 5, 2018.
h. The Respondent submitted a Form 43 that was received by
the Workers’ Compensation Commission on October 5,
2018.
i. There is a question regarding whether the Form 30C
contained the correct address of the location where the fall
occurred on May 17, 2018.
j. CNA commenced payment of a wage benefit, advancing
temporary total disability commencing on December 21, 2018
and continuing.
Findings, ¶¶ 6.a-j.
Additionally,
the commissioner took administrative notice of the
claimant’s August 31, 2018 form 30C seeking benefits
for a May 14, 2018 injury, administrative notice of the
respondents form 43 received by the Workers’
Compensation Commission on October 5, 2018
[3] and administrative
notice of a motion to preclude filed by the claimant on
October 16, 2018.
The
respondents filed a timely petition for review. However, the
respondents did not file a motion to correct. Thus, our
review is limited to the facts as found by the commissioner
and whether there was error...