Seymour v. Southington Dental Associates, P.C.

CASE NO. 1477 CRB-6-92-8

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JANUARY 20, 1994

LYNN SEYMOUR

CLAIMANT-APPELLANT

v.

SOUTHINGTON DENTAL ASSOCIATES, P.C.

and

MIDDLESEX MUTUAL ASSURANCE COMPANY

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant was represented by Ross Lessack, Esq. and Paul S . Ranando, Esq., Law Offices of Edward T. Dodd, Jr., 182 Grand Street, Waterbury, CT 06702.

The respondents were represented by Carolyn Signorelli , Esq., James D. Moran, Jr., Esq. and Kevin J. Maher, Esq, Maher & Williams, P.O. Box 269, Bridgeport, CT 06601.

This Petition for Review from the July 28, 1992 Finding and Dismissal of Motion to Preclude of the Commissioner for the Sixth District was heard March 26, 1993 before a Compensation Review Board panel consisting of the Commission Chairman Jesse Frankl and Commissioners George A. Waldron and Donald H. Doyle Jr.

OPINION

JESSE FRANKL, CHAIRMAN. The claimant seeks review of the decision of the Sixth District Commissioner denying her Motion to Preclude defenses. The trial commissioner rejected her claim that the disclaimer language giving the grounds of contest was not sufficiently specific. See General Statutes (Rev. to 1989) Sec. 31-297(b); Menzies v. Fisher, 165 Conn. 338 (1973).

Here, the respondents’ disclaimer stated: “Alleged injury (repetitive trauma; back) did not arise out of nor in the course of employment with Southington Dental Assoc. between 7/1/89 & 11/24/89 nor at any time while in the course and scope of claimant’s employment with Southington Dental Assoc. Cause of injury is unknown to insured. Injury is pre-existing.” Tovish v. Gerber Electronics, 19 Conn. App. 273 (1989), held that a disclaimer which stated, “[I]njury (heart attack) did not arise out of or in the course and scope of employment,” was sufficiently specific. The disclaimer in this case does not appreciably differ from the language held sufficiently specific by the court in Tovish. See Marchesseault v. J.P. Guerrera, 9 Conn. Workers’ Comp. Rev. Op. 133, 982 CRD-5-90-2 (1991).

We, therefore, affirm the trial commissioner and deny the appeal.

Commissioners George A. Waldron and Donald H. Doyle, Jr. concur.