Beel v. Ernst & Young, LLC, 121620 CTWC, 6352 CRB-7-19-10

Case DateDecember 16, 2020
CourtConnecticut
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...

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