State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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Marchitto v. Hamden Upholstery Co.

CASE NO. 1558 CRB-3-92-11

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JUNE 8, 1994

ERNEST MARCHITTO, SR.

CLAIMANT-APPELLEE

v.

HAMDEN UPHOLSTERY CO.

EMPLOYER

and

HANOVER INSURANCE CO.

and

NEW HAMPSHIRE INSURANCE CO.

and

AMERICAN FIDELITY INSURANCE CO.

INSURERS

RESPONDENTS-APPELLANTS

APPEARANCES:

The claimant was represented by James J. Giulietti, Esq., Carl M. Porto, Esq. and Louis M. Federici, Esq., Parrett, Porto, Parese, Colwell & Giulietti, P.C., 357 Whitney Avenue, New Haven, CT 06511.

The respondent-employer and its insurers New Hampshire Insurance Co. and American Fidelity Insurance Co. were represented by James M. Hughes, Esq., McNamara and Kenney, P.O. Box 8187, Bridgeport, CT 06605.

The respondent-employer and its insurer Hanover Insurance Co. were represented by Paula Giles, Esq. and Edward F. Piazza, Esq., Del Sole & Del Sole, 900 Chapel Street, P.O. Box 405, New Haven, CT 06502-0405.

This Petition for Review from the October 28, 1992 Finding and Award of the Commissioner acting for the Third District was heard November 19, 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. In this appeal, the respondents challenge the commissioner’s award of attorney’s fees in the amount of $4,000 and the commissioner’s refusal to articulate the basis for that award. Attorney’s fees may be awarded when payments or adjustments of compensation have been unduly delayed through the fault or neglect of the employer or insurer or when the employer or insurer has unreasonably contested liability. See General Statutes Sec. 31-300. An award of attorney’s fees pursuant to Sec. 31-300 on either of these grounds is discretionary with the commissioner. Imbrogno v. Stamford Hospital, 28 Conn. App. 113, 124-25, cert. denied, 223 Conn. 920 (1992); Hicks v. Department of Administrative Services, 21 Conn. App. 464, 466-67, cert. denied, 216 Conn. 804 (1990); Wheeler v. Bender Plumbing Supply of Waterbury, Inc., 10 Conn. Workers’ Comp. Rev. Op. 140, 1186 CRD-5-91-3 (1992). As the commissioner could have reasonably concluded that a discretionary award of attorney’s fees was appropriate in this case based on either ground set forth in Sec. 31-300, we cannot find an abuse of discretion.

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

Additionally, pursuant to Sec. 31-301c, we grant interest at the rate permitted by statute on any amount remaining unpaid during the pendency of the appeal.

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

Workers’ Compensation Commission

Page last revised: October 13, 2015

Page URL: http://wcc.state.ct.us/crb/1994/1558crb.htm

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State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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