State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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Batchelor v. E & F Construction

CASE NO. 3469 CRB-8-96-11

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

OCTOBER 14, 1997

HOWARD BATCHELOR

CLAIMANT-APPELLEE

CROSS-APPELLANT

v.

E & F CONSTRUCTION

EMPLOYER

and

LIBERTY MUTUAL INSURANCE

INSURER

and

AETNA LIFE & CASUALTY

INSURER

and

CIGNA LIFE & CASUALTY

INSURER

and

HARTFORD INSURANCE GROUP

INSURER

RESPONDENTS-APPELLANTS

CROSS-APPELLEES

and

CONNECTICUT INSURANCE GUARANTY FUND

RESPONDENT-APPELLEE

and

SECOND INJURY FUND

RESPONDENT-APPELLEE

APPEARANCES:

The claimant was represented by Leonard Bren, Esq., Corporate Center West, 433 South Main St., Suite 217, West Hartford, CT 06110.

The employer and Liberty Mutual were represented by James Sullivan, Esq., and James Moran, Esq., Maher & Williams, 1300 Post Road, P.O. Box 550, Fairfield, CT 06430-0550.

The employer, Aetna, CIGNA, and the Hartford Insurance Group were represented by Margaret Corrigan, Esq. and Stephen Ekern, Esq., Pomeranz, Drayton & Stabnick, 95 Glastonbury Blvd., Glastonbury, CT 06033.

The Guaranty Fund Management Services was represented by Joseph Marrow, Esq., Hutchins, Wheeler & Dittmar, 101 Federal St., Boston, MA 02110.

The employer, as self-insured, was represented by David Kelly, Esq., Montstream & May, Salmon Brook Corporate Park, 655 Winding Brook Dr., P.O. Box 1087, Glastonbury, CT 06033-6087.

The Second Injury Fund was represented by Michael Belzer, Esq., Assistant Attorney General, 55 Elm St., P.O. Box 120, Hartford, CT 06141-0120.

This Petition for Review from the November 5, 1996 Finding and Award of the Commissioner acting for the Eighth District was heard August 15, 1997 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners James J. Metro and John A. Mastropietro.

OPINION

JESSE M. FRANKL, CHAIRMAN. The employer and its insurers (“respondents”) along with the claimant have petitioned for review from the November 5, 1996 Finding and Award of the Commissioner acting for the Eighth District. The parties advised the Board that by agreement they request that the matter be remanded on the issue of the claimant’s benefit rate and the issue of apportionment under § 31-299b C.G.S.

Accordingly, this matter is remanded to a trial commissioner.

Commissioners James J. Metro and John A. Mastropietro concur.

Workers’ Compensation Commission

Page last revised: June 13, 2005

Page URL: http://wcc.state.ct.us/crb/1997/3469crb.htm

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