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[Formerly § 31-275(6)]
Marandino v. Marandino’s d/b/a John Marandino, 3130 CRB-6-95-7 (March 20, 1997), aff’d, 48 Conn. App. 916 (1998)(per curiam), cert. denied, 245 Conn. 919 (1998).
Claimant was self-employed as sole proprietor of Marandino’s. Statute allows sole proprietor to accept provisions of Act by notifying commissioner in writing of his intent to do so. Here, form was not filed with commissioner, so claimant was not covered. Insurance company’s form providing that sole proprietor may elect to be covered could not reasonably be read to bind insurer to cover claimant. See also, Marandino, § 31-294c. See previous decision on motion to submit additional evidence, 3130 CRB-6-95-7 (June 4, 1996), in § 31-275(9) and § 31-301-9 notes.
Lowe v. General Dynamics Corporation/Electric Boat Division, 14 Conn. Workers’ Comp. Rev. Op. 118, 1746 CRB-2-93-5 (June 5, 1995).
Commissioner’s determination that Navy Yard exposure to asbestos affected development of claimant’s asbestosis did not amount to a finding that Navy Yard was an “employer” within the meaning of Workers’ Compensation Act. See also, Lowe, § 31-299b.
Russell v. R.N. Russell Welding, Inc., 10 Conn. Workers’ Comp. Rev. Op. 174, 1173 CRD-5-91-2 (September 1, 1992), aff’d, 226 Conn. 508 (1993).
See, Russell, § 31-275(9).
Altieri v. B.K.S. Excavating, Inc., 10 Conn. Workers’ Comp. Rev. Op. 83, 1146 CRD-3-90-12 (April 10, 1992).
Reversed. Trier failed to allow S.I.F. the opportunity to litigate whether a potential principal employer liability claim existed pursuant to § 31-291. The fact that the trial commissioner found B.K.S. Excavating the uninsured employer does not eliminate the need to fully litigate and hear evidence regarding a possible § 31-291 principal employer claim. See also, Altieri, § 31-301. Factual findings, § 31-291 and § 31-355(b).
Chodkowski v. UTC/Pratt & Whitney, 8 Conn. Workers’ Comp. Rev. Op. 4, 736 CRD-3-88-5 (December 18, 1989).
The federal government is not an employer under the Act. See also, Chodkowski, § 31-310.
McCully v. Kratzer, 5 Conn. Workers’ Comp. Rev. Op. 29, 396 CRD-3-85 (March 29, 1988).
Trial commissioner did not err in finding respondent was the claimant’s employer where respondent was the sole shareholder of corporation doing business under an assumed name and said corporation issued paychecks and W-2 forms to claimant in corporation’s name. Higdon v. James O’Connell Moving Service, 4 Conn. Workers’ Comp. Rev. Op. 5, 392 CRD-2-85 (February 27, 1987). Remanded for further proceedings to determine if wife cloaked with authority to re-hire claimant while husband, former employer, was incarcerated.
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