CRB Case Annotations re: Section 31-296

Trial commissioner found that physical therapy, occupational therapy, and psychological treatment of claimant’s pain constituted reasonable and necessary medical treatment. Respondent contended on appeal that an approved stipulation settled any and all of the claimant’s psychological claims, because it closed out a claim for depression. Trier found that the 1996 stipulation closed out all future claims arising out of the December 21, 1990 injury except for claims for future medical treatment regarding the cervical spine injury. Accordingly, because the psychological treatment constituted reasonable and necessary medical treatment of the claimant’s 1990 cervical spine injury, said treatment was not foreclosed by the 1996 stipulation. See also, Caprio, § 31-294d.

Voluntary agreement form contained language stating that employer remained liable for COLAs for concurrent employment wages. CRB ruled that the statute requires the Second Injury Fund to pay those COLAs. As the voluntary agreement form was promulgated by this commission, and was not drafted by either party, the respondents were not bound by the “fine print.” CRB also noted that said form was revised in 1992 to eliminate the language making employer responsible for concurrent employment COLAs. See also, Lizcano, § 31-310; cited at Lizcano, § 31-307a.

Commissioner ruled that “tender” was accomplished within meaning of stipulation when respondent mailed check to claimant, not when claimant received it. He also awarded claimant interest, but not attorney’s fees, in response to a request that he correct the findings to allow such additional sums under § 31-296. CRB affirmed trier’s interpretation of “tender;” adequate evidence supported finding that check was mailed on 9/16/97, and the definition of “tender” in Mayron’s Bake Shops, Inc. v. Arrow Stores, Inc., 149 Conn. 149 (1961), could include the mailing of a check where the claimant never objected to the respondent’s previous use of the mail system, as control over the check is relinquished by the insurer once it is mailed. As for interest award, trier’s explicit denial of attorney’s fees should be read as an adoption of the “delay without fault” basis for the awarding of interest under § 31-300. As trier used the higher rate in § 31-296 to calculate interest, CRB had to remand for recalculation. Also cited at Serfilippi, § 31-300.

In separate case, claimant stipulated that she suffered from a 16% permanent partial disability of the low back. This did not bind commissioner in assignment of low back disability for previous injury. Medical reports in evidence supported higher percentage of permanent partial disability. Stipulations are compromise-and-release type agreements that bind the contracting parties as to the facts recited in the document, but do not carry the same weight in unrelated proceedings involving different parties. Not a judicial admission. As there was evidence to support the trier’s finding, the CRB affirmed.

Trier dismissed § 7-433c claim for lack of jurisdiction because of prior stipulation. CRB held that release of liability by stipulation is an affirmative defense, not a jurisdictional matter. CRB also held that, as claimant had offered evidence that hypertension was due to repetitive trauma subsequent to the date of the stipulation and not due to rheumatic heart disease addressed by stipulation, trier should have evaluated merits of claimant’s claim. Panel rejected argument that § 7-433c, by requiring claimant to prove that she did not suffer from hypertension at time of hire, somehow prevents her from “skipping over” the 1990 stipulation. Also cited at Graves, § 7-433c.

The trial commissioner interpreted the approved stipulation between the claimant dependent widow and certain employers and their insurers as barring the claimant from proceeding against other employers and their insurers who were not named in the stipulation. CRB reversed, as the language of the stipulation specifically left open the claimant’s right to pursue respondents not listed in the stipulation.

Trial commissioner did not err by failing to reopen claimant’s first stipulation, or in refusing to approve a subsequent agreement with which the claimant was no longer in accord. Pro se claimant did not produce any proof in support of his position that the first stipulation should be reopened due to fraud or mistake.

CRB affirmed trial commissioner’s award of supplemental benefits where parties attempted to enter into a stipulation that was not approved by the commissioner. Trier has authority to deny approval of stipulation for various reasons. See, Dowling, § 31-290, § 31-301. Appeal procedure. See also, Dowling, § 31-301(f).

CRB affirmed trial commissioner’s refusal to open the Voluntary Agreement executed between the surviving spouse and the self-insured employer. See, Soares v. Glass Industries, 12 Conn. Workers’ Comp. Rev. Op. 189, 1377 CRB-3-92-1 (May 4, 1994).

Anguish v. TLM, Inc., 3437 CRB-7-96-9 (January 20, 1998), aff’d, 53 Conn. App. 241 (1999)(per curiam), cert. denied, 250 Conn. 910 (1999)(Dissenting Opinion).

CRB declined to readdress the issue of whether a claimant was deprived of due process by the use of the “emergency informal hearing” procedure discussed in Stryczek v. State/Mansfield Training School, 14 Conn. Workers’ Comp. Rev. Op. 32, and in the previous decision in Anguish, 14 Conn. Workers’ Comp. Rev. Op. 195. This panel does not address arguments that it has already ruled on in previous appeals, and this issue was dealt with in the prior Anguish decision. Further, there was no longer any relief that could be granted to the claimant, as a subsequent formal hearing resulted in the reinstatement of temporary total disability benefits, and the vacating of the prior approval of the Form 36. Issue likely moot.

Decedent died of malignant mesothelioma due to work-related asbestos exposure. He had signed a stipulation in 1976 settling “all his claims and cases both known and unknown” against Uniroyal, as he had suffered numerous injuries to various body parts (but nothing in the nature of a respiratory ailment). CRB cited Duni v. United Technologies Corp./Pratt & Whitney Aircraft Division, 239 Conn. 19 (1996), in which a similar stipulation was discussed. Just as the Duni court did there, the CRB ruled here that this language extinguished the rights of the claimant, as the settlement was made in “complete satisfaction of all claims due or to become due at any time in favor of anybody on account of the claimed injuries or on account of any condition in any way resulting out of the said injuries.” Although the decedent was presumably unaware of his latent mesothelioma at the time of the stipulation, all of the work-related exposure leading to the development of that disease had occurred. Unknown, inchoate claims existing at the time of the release are ordinarily covered by such language. See also, Krampetz, § 31-306.

CRB held that a trial commissioner, under appropriate circumstances, has the discretion to award ongoing temporary total disability benefits for the period following the last evidentiary hearing.

Festa v. Hamden, 16 Conn. Workers’ Comp. Rev. Op. 46, 3052 CRB-3-95-4 (October 16, 1996).

Respondents sought to enforce stipulation against claimant, but commissioner denied motion to enforce on ground that claimant was not competent to understand terms of agreement at that time. Affirmed by CRB. Although prior commissioner had questioned claimant regarding his understanding of agreement, the transcript does not indicate that claimant demonstrated an actual understanding of the agreement. Commissioner did not ask claimant if he realized that the settlement was final or if he wanted to formally enter into agreement at that time; claimant testified that he believed a stipulation had to be reduced to writing and signed before it could become effective, which was not done here. Use of “Stipulation and What It Means” form discussed. Commissioner also found that claimant had suffered from hypoglycemic attack on morning of formal hearing, and could not fully understand purported agreement. Facts supported decision not to enforce agreement.

Role of stipulation of facts discussed; See also, Wonacott, § 31-310.

Discussion of process by which commissioners approve a voluntary agreement. In this case, commissioner refused to approve a voluntary agreement which had been signed by both parties, and noted that the insurance company signed without knowledge that the claimant suffered from terminal cancer which was unrelated to her compensable injury. Findings do not indicate that claimant intentionally failed to disclose a material fact. CRB remanded because reason for refusal to approve voluntary agreement was not clear. See also, Secola, § 31-290c; See also subsequent decision, Secola, 3102 CRB-5-95-6 (February 26, 1997).

Remanded where trier’s finding approving respondents’ Form 36 contains summaries of medical evidence unsupported by factual findings.

CRB Case Annotations re: Section 31-296

Voluntary agreements (approval of).