THESE ANNOTATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY
Full texts of opinions, statutes and court decisions should be consulted and all citations and references fully researched by the reader.
The Annotations to Compensation Review Board Opinions are presented “as is” and the Commission makes no warranties as to the suitability of this information for any given purpose.
Please note also that Annotations change periodically due to several factors including, but not limited to, Appellate and Supreme Court decisions issued in workers’ compensation cases.
Evans v. Shelton, 16 Conn. Workers’ Comp. Rev. Op. 155, 3108 CRB-4-95-6 (May 2, 1997), dismissed for lack of a final judgment, A.C. 17196 (January 14, 1998).
See, Evans, § 31-301. Appeal procedure (denial of request to recuse); See also § 31-275(16), and § 31-301. Factual findings.
Costa v. United Nuclear Corp., 16 Conn. Workers’ Comp. Rev. Op. 101, 2296 CRB-2-95-1 (November 20, 1996).
Claimant’s attorney filed motion to recuse trial commissioner on ground that she had filed a grievance against his partner, thus compromising her impartiality. Trial commissioner denied motion, concluding that recusal is warranted only when antipathy is alleged toward a client, not an attorney. Affirmed. Cases interpreting Canons 2 and 3(C)(1)(a) of Code of Judicial Conduct do not mandate disqualification by commissioner in these circumstances. See also, Costa, § 31-297a, § 31-315.
Cummings v. Twin Tool Manufacturing, 13 Conn. Workers’ Comp. Rev. Op. 225, 2008 CRB-1-94-4 (April 12, 1995), appeal dismissed, A.C. 14747 (June 29, 1995).
See, Cummings, § 31-298 (ex parte communication).
Knoblaugh v. Greenwood Health Center, 13 Conn. Workers’ Comp. Rev. Op. 150, 1608 CRB-1-92-12 (February 6, 1995).
Respondents should not have communicated ex parte with claimant’s surgeon without notifying claimant or her counsel; CRB frowns on behavior calculated to produce favorable medical reports by withholding relevant information from treating physician, as such conduct is tantamount to promulgation of false evidence. See R.P.C. § 3.3, § 3.4. See also, Knoblaugh, § 31-301. Factual findings, § 31-315, and § 31-349.