CASE NO. 4074 CRB-5-99-7
CASE NO. 4096 CRB-5-99-7
COMPENSATION REVIEW BOARD
WORKERS’ COMPENSATION COMMISSION
JANUARY 10, 2002
ALLSTATE INSURANCE CO.
SECOND INJURY FUND
JOHN A. MASTROPIETRO, CHAIRMAN. The above-cited appeals were taken on July 6, 1999 and July 7, 1999 by the respondent, Allstate Insurance Co., following a Ruling dated June 24, 1999 and bench ruling dated June 29, 1999 by two separate Commissioners, both of whom were acting for the Fifth District. The first appeal was from the commissioner’s decision to grant an objection by the Second Injury Fund that precluded the consideration of Dr. Selig’s medical records, which the respondent had offered in order to substantiate its claim that the underlying claim in this matter should be transferred to the Fund pursuant to § 31-349 C.G.S. The second appeal was from a bench ruling by the commissioner, in which he stated that an anticipatory transfer of liability to the Fund was premature despite the approach of the July 1, 1999 transfer deadline contained in § 31-349h. June 29, 1999 Transcript, p. 8; see also, Giaimo v. New Haven, 257 Conn. 481 (2001) (as long as requirements for transfer had been met by July 1, 1999, transfer would not be barred if the claim were later found to be legally transferable).
Only a compensable injury may be the basis of a claim for transfer to the Second Injury Fund, of course, under § 31-349. In the proceedings on the underlying claim, the trial commissioner dismissed the claimant’s action via a Finding and Dismissal dated November 22, 1999. There, the commissioner found that the claimant did not satisfy his burden of proving that his mental stress and physical illness were caused by workplace harassment between 1992 and May 18, 1993. This board affirmed that decision in Noble v. Allstate Ins. Co., 4157 CRB-5-99-12 (July 28, 2000), and the Appellate Court affirmed our decision on November 27, 2001. See Noble, supra, 67 Conn. App. 160 (2001). As the underlying claim has now been disposed of on its merits, all proceedings related to the respondent’s effort to transfer the claim to the Second Injury Fund are rendered moot. Accordingly, the instant appeals need not be adjudicated any further. They are hereby dismissed.
John A. Mastropietro, Chairman
Compensation Review Board
Workers’ Compensation Commission