State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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Cookson & VMMC v. G.R. Cummings Company

CASE NO. 1796 CRB-8-93-7

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

JANUARY 20, 1995

MICHAEL COOKSON

CLAIMANT

and

VETERANS MEMORIAL MEDICAL CENTER

MEDICAL PROVIDER

APPELLANT

v.

G. R. CUMMINGS COMPANY

EMPLOYER

and

CNA INSURANCE

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant was not represented.

The medical provider was represented by Houston Putnam Lowry, Esq., and Thomas P. Malnati, Esq., Brown and Welsh, P.C., P. O. Box 183, 100 Hanover St., Meriden, CT 06450.

The respondents were represented by Kevin Blake, Esq., Law Offices of Grant H. Miller, Jr., 29 South Main Street, Suite 310N, West Hartford, CT 06107-2445.

This Petition for Review from the July 28, 1993 Indefinite Postponement of Hearing of the Chairman acting for matters arising in the Eighth District was heard January 14, 1994 before a Compensation Review Board panel consisting of Commissioners John A. Arcudi, Angelo L. dos Santos, and Nancy A. Brouillet.

OPINION

ANGELO L. dos SANTOS, COMMISSIONER. This claim was heard and considered at the same time this panel heard the consolidated appeals filed by the medical provider, Veterans Memorial Medical Center. Our opinions as to all the other appeals were announced in Baigert and Veterans Memorial Medical Center v. Fosdick Corp., Case No. 1784 CRB-8-93-7 (Decided January 20, 1995). However, the instant appeal presents different factual allegations from the other claims considered in Baigert. In this claim, the respondents’ attorney appeared at oral argument and asserted that the employee to whom medical services were rendered, filed a claim for medical benefits under the Workers’ Compensation Act. Therefore, this tribunal’s holding in Gonzalez and Center for Physical Therapy v. Electric Transport (Penske), 1729 CRB-1-93-5 (decided October 13, 1994) where this Board held that a medical provider is entitled to a hearing for the payment of medical services to an injured employee is applicable to the instant matter. See also, Derman v. City of Norwalk, 8 Conn. Workers’ Comp. Rev. Op. 100, 860 CRD-7-89-5 (1990); Tanner v. Walgren Tree Experts, 8 Conn. Workers’ Comp. Rev. Op. 16, 748 CRD-8-88-7 (1990). This claim is distinguished from the other appeals presented by the medical provider, Veterans Memorial Medical Center, since it appears that an underlying Workers’ Compensation claim existed here.

We therefore, remand the instant matter for further proceedings consistent with this opinion.

Commissioners John A. Arcudi and Nancy A. Brouillet concur.

Workers’ Compensation Commission

Page last revised: January 21, 2005

Page URL: http://wcc.state.ct.us/crb/1995/cookvet6.htm

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