CRB Case Annotations re: Section 31-308(b)

Trier’s conclusion claimant sustained a 35.7% loss to his left ear reversed and remanded where evidence did not support conclusion. Treating physician opined claimant sustained a 35.7% total hearing loss. See, Bourgeois, § 31-301. Factual findings.

Medical opinions supported finding that claimant was not entitled to 35% impairment rating, despite testimony of treating physician that claimant suffered from moderate ventricular hypertrophy and should be given “Class 3” rating as per AMA Guides to Evaluation of Permanent Impairment. Other methods of diagnosing permanency may also be used, and both independent medical examiner and commissioner’s examiner questioned the actual existence and origin of his ventricular hypertrophy. See, Napolitano, § 31-278, § 31-301. Factual findings, § 31-301-9.

No error in trier’s reliance on doctor’s diagnosis of 20% permanent impairment to heart. Doctor adequately explained basis of his opinion that other parts of heart had increased blood-pumping activity to compensate for death of part of heart muscle, despite normal blood output of organ as a whole. Case distinguished from Barton v. Ducci Electrical Contractors, Inc., infra. See, Fuessenich, § 29-4a, § 31-307.

Board affirmed trier’s denial of permanency based upon a rating of the whole person, and advised that claimant may request a permanency award when a physician assesses a permanency rating of a scheduled body part under § 31-308(b). See, Donlin, § 31-301-9.

Following Supreme Court decision in Barton, 248 Conn. 793 (1999), which held § 31-308(b) constitutional, claimant sought compensation for permanent partial impairment to skin insofar as it caused permanent loss of or loss of use of several scheduled body parts. CRB held that this action was not precluded by doctrine of res judicata, as law did not clearly provide this route to compensation prior to Supreme Court ruling. However, CRB reversed the trier’s award of 20% permanency to five scheduled body parts, as treating dermatologist had simply extrapolated 20% permanency rating of skin to each of those body parts, rather than evaluating overall remaining function of said parts in light of skin damage. Rating was not given within reasonable degree of medical probability. Remanded. Prior decision in Barton, 3569 CRB-8-97-3 (March 26, 1998), § 31-308(b) (constitutional issue certified to Appellate Court, and later to Supreme Court).

Trier did not err by awarding claimant 20% permanent partial impairment of upper arm where doctor’s accepted opinion prescribed 20% permanency of shoulder. Commissioner is not required to use AMA formula in converting shoulder disability to arm disability. Evidence in record offered alternate method of converting rotator cuff repair to upper extremity impairment, and contained reports that suggested claimant’s surgery results were not optimal, as she continued to have pain. Trier’s conclusions were supported by such evidence.

See, Rayhall, § 31-278, § 31-295 (temporary partial disability benefits payable until multiple injured body parts all reach maximum medical improvement), § 31-298; also cited at Rayhall, § 31-307.

CRB affirmed trial commissioner’s decision not to retroactively apply P.A. 89-346, which made permanency benefits payable to children of decedent in equal shares absent surviving spouse or dependents. Date of injury rule applicable to § 31-308(d), as its enactment constituted a substantive change in the law. Also cited at Collins, § 31-306.

CRB affirmed trial commissioner’s award of 17% permanency to hand where claimant lost parts of two fingers in a woodcutting accident. Doctor’s report would have medically supported either an award for hand permanency or an award for permanency to the individual fingers. Commissioner was not precluded from taking into account impact of finger loss on hand as a whole by virtue of § 31-308(b)’s specific remedy for lost phalanges of individual fingers. If logical relationship exists between body parts, impact of single injury on multiple parts may be considered, with duplicate compensation for interrelated body parts (such as fingers and hand) being offset.

CRB affirmed trial commissioner’s award of a 10% permanent partial disability of the lumbar spine. See, Stonkus, § 31-279-9.

CRB affirmed trier’s adoption of physician’s permanent partial impairment rating for hearing loss, which was based on AMA guidelines. Board held that AMA formula does not, as a matter of law, impermissibly exclude actual hearing loss from its disability calculation. Based on the evidence before her, trier reasonably ruled that this formula, which is designed to determine hearing-loss handicap based on ability to perceive frequencies of normal speech, is the best means of calculating a claimant’s loss of use of hearing function under the workers’ compensation statute. CRB cannot reverse such a factual determination.

At request of both parties, CRB remanded case to trial commissioner for further findings on issue of claimant’s entitlement to permanency benefits for injury to his abdominal wall, which is not explicitly listed in the statutory tables. See also, Ford, § 31-294d, § 31-301. Factual findings, § 31-308(a).

Trial commissioner properly concluded that claimant’s heart disease constituted a compensable injury under § 7-433c, and that a prior permanent partial award of 4.5% of the heart (for hypertension) had to be deducted from the 37% permanent partial impairment in order to prevent a double recovery. CRB explained that, in order to prevent double recovery, § 31-349(a) has consistently been applied by deducting from a permanency award any compensation paid or payable due to a prior permanent partial impairment of the same body part. See also, Sharkey, § 31-300, § 31-349.

Trier found that claimant’s low back condition (including possible need for surgery) was caused by his compensable injury, but that he had not yet reached maximum medical improvement. Trier ordered claimant to return to an IME physician regarding whether his need for surgery was caused by the compensable injury, noting that causation “shall not be an issue” for the IME doctor to address. In their appeal, respondents contended that said restriction improperly limited their ability to litigate whether any of the claimant’s PPD was caused by two earlier injuries. CRB explained that a commissioner is only empowered to decide how much compensation is appropriate given the condition of the claimant at the time of the proceedings. As the claimant had not yet reached MMI, no determination regarding PPD could have been made. At some point in future, permanency may be assessed, and a physician may offer an opinion as to whether any of the PPD was due to the prior injuries.

CRB affirmed trier’s award of 200 weeks of discretionary benefits for a 1973 injury. Chronic pain in territory of ilioinguinal nerve and scrotum severely limited claimant’s physical activities, and was not duplicative of permanency to left leg. Trier entitled to consider “whole-person” ratings in calculating percentage of loss of organ, or loss of use of its function, even though award itself cannot be for whole-person disability. Benefit award was consistent with the law, though trier should have better articulated reasons for his findings given discretionary nature of award. See also Bilotta, § 31-300, § 31-301. Factual findings. Prior decision in Bilotta, 3536 CRB-1-97-2 (May 26, 1998), § 31-308(a), § 31-308(b).

Claimant has burden of establishing permanency rating to body part. CRB affirmed trier’s finding that, on remand, the record contained no credible evidence establishing such a percentage. See also, Mahoney, § 31-308a. Prior decision in Mahoney, 16 Conn. Workers’ Comp. Rev. Op. 17, 3025 CRB-4-95-3 (October 4, 1996), § 31-294d, § 31-298.

CRB affirmed trier’s determination that claimant sustained a 45% permanent partial disability of the lungs. Respondents argued that this assessment was based upon his condition if he was not taking medication, but in fact the claimant was taking medication, which reduced his disability to 25%. Board cited Larson’s Treatise, which supports the ruling that loss of use should be judged on the basis of the uncorrected impairment. Therefore, loss of use will not be ruled out because symptoms are controlled by medication.

Evidence supports 20% permanent partial impairment rating of claimant’s brain. At time of injury (1990), § 31-308(d) was applicable, as the brain was not yet a scheduled organ. Impairment of the brain has a directly proportional effect upon the function of the whole person, and trier did not err by inferring a 20% brain disability from the doctor’s report concerning the impairment of “complex integrated cerebral functions” as they affected claimant’s ability to perform daily activities. See also, Garcia, § 31-307.

CRB affirmed trier’s scarring award, and his finding that claimant suffered a compensable injury. Issue was one of credibility of witnesses, and trier believed claimant’s story over that of his co-workers. Variance among doctor, trial commissioner in description of lesion on scalp could merely indicate progression of skin condition on head. As for argument that the scar evaluation hearing was held over two years after date of injury, CRB noted that claimant requested hearings on scar over a year prior to the trier’s evaluation, and that delays were due to other parties or the demands of the system itself. Also cited at Mikishka, § 31-301. Factual findings.

Trier awarded a 20% permanent partial disability of the left hip. Record indicated claimant had previously received a 16.25% permanent partial disability of the left knee. Because the knee and the hip are both considered to be the “leg” for purposes of permanency, CRB remanded issue to the trial commissioner. See also, Valentine, § 31-275(1).

After remand from CRB in Bryan, 3320 CRB-1-96-4 (March 12, 1997) [§ 31-301-9], trier considered the evidence presented pursuant to the remand and concluded that 10% of the claimant’s permanency was due to her compensable injury of December, 1989. See also, Bryan, § 31-298.

Trier properly relied on most recent medical report in setting date of maximum medical improvement, as it was the only one that unequivocally stated claimant’s condition no longer required treatment. See also, Kluttz, § 31-278. Prior decision in Kluttz, 10 Conn. Workers’ Comp. Rev. Op. 195, 1199 CRD-4-91-3 (November 5, 1992), aff’d, 228 Conn. 401 (1994), § 31-278, § 31-355.

See, Jones, § 31-296.

Commissioner found that claimant had 10% permanent partial disability due to sciatica symptoms, but did not assign the disability to a specific body part. Initial compensable injury was a broken ankle, but sciatica seemed to be located in pelvic/buttocks area, and was caused by altered gait. CRB remanded case to trier to make finding as to which body part the sciaticalogical impairment affected. See also, Shanklin, § 31-301. Appeal procedure.

Ricigliano v. Rex Forge, 3476 CRB-6-96-11 (April 8, 1998), aff’d, 53 Conn. App. 158 (1999), dismissed, 252 Conn. 404 (2000).

High-frequency hearing loss case where trial commissioner relied on medical opinion based on AMA formula in awarding only .62% permanent partial disability. Case was originally remanded to trier with instruction not to limit consideration to AMA guidelines. See, Ricigliano, 15 Conn. Workers’ Comp. Rev. Op. 142, 2190 CRB-6-94-10 (January 18, 1996). Trier reached same decision, stating that he found the opinion of Dr. Yanagisawa more credible than that of Dr. Friedman, who advocated a 35% permanent partial disability rating based on an alternative test. Held: trier has authority to choose among conflicting medical opinions, and board must affirm his decision. However, the general weakness of the AMA guidelines in high-frequency hearing loss cases was briefly discussed.

Claimant suffered from dermatitis on hands due to exposure to chemicals at workplace. Respondents contended that trial commissioner erred by awarding § 31-308(d) benefits for permanent partial impairment in addition to a previous award for disfigurement of the same body part. CRB found that awards for both disfigurement and permanent partial disability to same body part do not constitute double compensation. However, trial commissioner’s findings did not specify the exact basis for this award, so the case was remanded for further findings.

Trial commissioner awarded a 15% permanent partial disability of the back. CRB remanded in order for determination of permanent impairment caused by claimant’s prior work-related injury in another state. Even if prior impairment was not paid, it was “payable” pursuant to § 31-349 and thus must be subtracted from resulting permanency.

CRB reserved the following issue to the Appellate Court pursuant to § 31-324: Whether § 31-308(b) deprives claimants of equal protection or due process of law by providing permanent partial disability benefits for some, but not all, organs and body parts? In Barton v. Ducci Electrical Contractors, Inc., 248 Conn. 793 (1999), the state Supreme Court held that § 31-308(b) as amended by P.A. 93-228 does not violate the equal protection clause of either the United States constitution or the state constitution. The court declined to address the issue of due process because it was not adequately briefed by the parties. The claimant had been burned in a fire and sought permanent partial disability benefits for the injury to his skin. The court held that § 31-308(b) as amended by P.A. 93-228 does not provide a trial commissioner with discretion to award permanent partial disability of an unscheduled body part. (Berdon, J., dissenting in part). Justice Berdon noted that the claimant’s burns were severe and left him permanently disabled, yet the trial commissioner did not compensate him for his skin injuries because the skin is not listed as a scheduled body part. Justice Berdon opined that under the majority’s decision, the claimant’s skin injuries are compensable, even though the skin is not specifically enumerated under § 31-308(b), to the extent that his burn injury is “related to the loss of or loss of use of a scheduled body part or member, i.e., the portions of the plaintiff’s body covered by the injured skin.” (fn. 14) (internal quotations omitted).

Claimant suffered high-frequency hearing losses from workplace exposure. Pursuant to AMA formula, which trier followed, claimant suffered no permanent hearing loss entitling him to permanent partial disability benefits. Majority held that the decision should be affirmed. The only permanent partial disability diagnosis given in the record is the zero percent one based on the AMA guidelines. No alternative test and permanent partial disability rating was offered into evidence by the claimant, even though the doctors acknowledged the limitations of the AMA formula and agreed that the claimant had suffered significant hearing loss above 2000 Hz. (Vargas, C., dissenting) AMA formula fails to compensate claimant for actual loss that is included in § 31-308. Such a result is unreasonable given the spirit of the Workers’ Compensation Act. Cites with approval Ricigliano v. Rex Forge, 15 Conn. Workers’ Comp. Rev. Op. 142, 2190 CRB-6-94-10 (May 2, 1996). See also, Schilling, § 31-301. Appeal procedure.

Claimant was injured on December 19, 1990, resulting in a 28% permanent partial disability of the brain. At that time, the brain was not a scheduled organ under § 31-308; therefore, the commissioner awarded 163.8 weeks of benefits under § 31-308(d) (presumably on a scale of 585 weeks). Subsequently, the statute was amended to reduce the maximum weeks of compensation payable from 780 weeks to 520 weeks, and the brain was assigned the maximum of 520 weeks. The claimant argues that, based on that scale, his specific award should have been calculated based on a maximum of 780 weeks of compensation, and he should have received 218.4 weeks of benefits. Held: P.A. 93-228 § 19 is totally inapplicable here. Retroactive application of a statute is only appropriate when the legislature specifically expresses such an intent, or if the new statute is procedural or merely clarifies existing law. This statute had a clear substantive effect. Also, there is no evidence that the commissioner abused his discretion by basing his award on a maximum of 585 weeks of benefits rather than 780. Section 31-308(d) was general in its terms, prescribing no amount or length of any award, and making awards discretionary rather than mandatory. Award affirmed.

Bowman v. Jack’s Auto Sales, 16 Conn. Workers’ Comp. Rev. Op. 223, 3384 CRB-1-96-7 (June 18, 1997), aff’d, 54 Conn. App. 296 (1999).

After remand, trier decided to disallow credit of 48.4 weeks against 78-week unscheduled permanency award. Reversed; both the initial award pursuant to voluntary agreement and the second, longer award were based on the effect of the claimant’s dermatitis on the use of his hands. Although the unscheduled award was permissible (1977 injury), the initial award for loss of use of hands should have been offset. See also, Bowman, § 31-308a.

The trial commissioner’s conclusion that claimant did not sustain a permanent partial disability due to work injury was affirmed by CRB as it was based upon the weight and credibility which the trier accorded the evidence and was fully supported by the record. See also, Ruiz-Dugue, § 31-307.

CRB held that a trial commissioner’s permanent partial disability assessment cannot merely be the average of several medical opinions, but must be supported by at least one medical opinion.

The trial commissioner determined that the decedent’s dependent widow was entitled to receive permanent partial disability benefits pursuant to § 31-308(d). The respondents contend on appeal that the trial commissioner improperly concluded that the decedent had made a request for permanent partial disability benefits prior to his death. CRB reversed the trial commissioner’s decision. CRB explained that the commissioner’s determination that the entitlement to permanent partial disability benefits vested prior to the decedent’s death was in error where the request was made prior to the date of maximum medical improvement.

CRB reversed trial commissioner’s award of 22% permanency rating. CRB held that a permanent partial disability assessment cannot merely be the average of several medical opinions, but must be supported by at least one medical opinion. See also, Uttenweiler, § 31-294c.

On appeal, the claimant contended that the trial commissioner was required to issue a permanency award for a burn on the claimant’s leg. The trial commissioner found that the claimant’s injury “may not have reached maximum medical improvement and that the respondents are entitled to have (the) claimant undergo a course of treatment involving the medication Psoralen to determine whether or not the scar is permanent and significant in nature.” CRB affirmed the trial commissioner’s determination which was supported by medical testimony. See also, White, § 31-301.

Blassingame v. Acme Steel Co., 16 Conn. Workers’ Comp. Rev. Op. 20, 3007 CRB-6-95-3 (October 8, 1996), aff’d, 45 Conn. App. 914 (1997)(per curiam).

Trial commissioner credited doctor’s report diagnosing one percent hearing loss, even though all doctors’ examinations revealed severe high frequency hearing loss. AMA formula relied on by doctor does not take into account very low or high frequency hearing losses in computing overall hearing loss. CRB affirmed commissioner’s decision. Although board acknowledged its decision in Ricigliano, 15 Conn. Workers’ Comp. Rev. Op. 142, 2190 CRB-6-94-10 (January 18, 1996), where it ruled that reliance on AMA guidelines resulted in an unfairly low permanent partial disability assessment, it stated that reversing the commissioner’s decision would not comport with principles of appellate review of a trial commissioner’s prerogative to find the facts amidst conflicting evidence. Thus, the commissioner’s decision was affirmed. See also, Blassingame, § 31-298.

Bertalovitz v. Danbury, 15 Conn. Workers’ Comp. Rev. Op. 186, 2204 CRB-7-94-11 (April 1, 1996).

Claimant’s post-traumatic stress disorder was caused by an incident during his employment as a police officer. Commissioner concluded that this did not disable him from all employment, however, and that PTSD is a treatable anxiety disorder rather than a neurological impairment of the brain. Because insufficient evidence was presented to establish permanent loss of brain function, permanent partial disability benefits were denied. CRB affirmed that decision, as evidence supported the factual findings. Also, § 31-294d(c) allows commissioner to direct change of treating physician without a hearing.

See, Rogulski, § 31-349 (scarring award not included in 104-week calculation).

Ricigliano v. Rex Forge, 15 Conn. Workers’ Comp. Rev. Op. 142, 2190 CRB-6-94-10 (January 18, 1996), dismissed for lack of final judgment, A.C. 15655 (May 2, 1996).

Under compelling factual circumstances, CRB concluded that the trial commissioner’s reliance on the AMA guidelines resulted in a permanent partial disability assessment which did not fairly or accurately reflect the claimant’s undisputed high frequency hearing loss. Accordingly, CRB remanded issue to the trial commissioner in order to determine the claimant’s permanent partial hearing loss without limiting the determination to the AMA guidelines. (Frankl, C., dissenting) (would affirm the trial commissioner’s determination of the claimant’s percentage of permanent hearing loss as this board has repeatedly held that the determination of the extent of an injured worker’s permanent disability is within the trial commissioner’s province as the trier of the facts).

Trial commissioner found that payment of benefits was requested over ten months before maximum medical improvement was reached. Under McCurdy v. State, 227 Conn. 261 (1993), claimant must request payment of specific award after maximum medical improvement is reached, as award does not vest until that time. Thus, commissioner erred in finding that dependent widow was entitled to unpaid portion of specific award. See also, Burr, § 31-298.

Remanded. Trier’s denial of additional permanent partial disability benefits was based on a fact not in evidence. Trier mistakenly inferred claimant had knowledge of doctor’s report and the parties compromise was based on the consideration of that report. See also, Golino, § 31-308a.

Dextraze v. Lydall, Inc., 14 Conn. Workers’ Comp. Rev. Op. 52, 1615 CRB-2-92-12 (May 10, 1995).

Trier relied on respondent’s medical expert and subsequent report of treating physician when determining date of maximum medical improvement rather than treater’s earlier permanent partial disability rating as date of maximum medical improvement. See also, Dextraze, § 31-308(a),a and § 31-310.

Commuted permanent partial benefits under § 31-308 interrupted by a period of temporary total disability will be applied after total disability ceases. § 31-308(a) benefits will follow. See, Antonucci v. Hartford, 5 Conn. Workers’ Comp. Rev. Op. 151, 511 CRD-1-86 (July 29, 1988). Trier properly determined the order in which benefits should be paid when temporary total interrupts period when commuted permanent partial benefits are being paid.

Shimko v. Ferro Corp., 13 Conn. Workers’ Comp. Rev. Op. 255, 1744 CRB-7-93-5 (April 18, 1995), rev’d, 40 Conn. App. 409 (1996).

Commissioner did not abuse discretion in failing to award § 31-308(d) benefits where no evidence of permanent organ loss existed, and claimant’s treating physician observed the disappearance of claimant’s symptoms after he left employment with respondent. Reversed, on § 31-308(a) issue. See also, Shimko, § 31-284b, § 31-308(a).

Commissioner considered all listed statutory criteria in awarding benefits for loss of rectal function, abdominal wall and sexual potency under § 31-308(d) (repealed 1993). No finding required as to effect of injuries on earning capacity, although such a finding would be permissible. Compensation under § 31-308(d) is in nature of specific award. See also, Peters, § 31-294c.

Tinsley v. J.H. Ney Company, 12 Conn. Workers’ Comp. Rev. Op. 409, 1554 CRB-1-92-11 (September 16, 1994).

Employer’s reliance on Extended Illness Income Protection Plan in order to receive a credit on specific award misplaced. Awards under § 31-308 do not represent actual lost wages as referred to in said policy. Furthermore, payments made under that policy are not for a work connected injury or illness. Recourse is with superior court and not with this forum. See also, Tinsley, § 31-314, Allowance for advance payments.

Salz v. Oliver’s Taverne, 12 Conn. Workers’ Comp. Rev. Op. 325, 1593 CRB-8-92-12 (July 5, 1994).

Medical evidence, although conflicting, supports trier’s finding that claimant’s disability did not increase and therefore claimant was not entitled to additional permanent partial benefits. See also, Salz, § 31-308a, Additional compensation.

Messier v. General Dynamics Corporation/Electric Boat Division, 12 Conn. Workers’ Comp. Rev. Op. 157, 1495 CRB-2-92-8 (April 26, 1994).

Trier’s finding denying claimant estate’s claim that decedent had reached maximum medical improvement as his terminal lung condition would never change, affirmed. CRB held trier’s conclusion was based on medical evidence and must stand. See also, Messier, § 31-301. Appeal procedure.

Hall v. Gilbert & Bennett Mfg. Co., 12 Conn. Workers’ Comp. Rev. Op. 146, 1449 CRB-7-92-7 (April 7, 1994), order to dismiss granted, A.C. 13523 (June 29, 1994), cert. denied, 231 Conn. 903 (1994).

CRB reversed trial commissioner’s denial of claimant’s request for a specific award where maximum medical improvement had been reached yet claimant continued to be totally disabled. Under McCurdy v. State, 227 Conn. 261 (1993), where an injured worker reaches maximum medical improvement his right to a permanency award has vested, therefore, the commissioner does not have discretion to deny such award if the worker requests that award. However, respondents are entitled to a credit against that award for any total disability benefits paid between the date of request and the date the injured worker is no longer totally disabled or dies. See also later Hall, § 31-301. Appeal procedure and § 31-349.

Prioleau v. Larosa Construction, 12 Conn. Workers’ Comp. Rev. Op. 140, 1432 CRB-8-92-6 (April 7, 1994).

Remanded as CRB held claimant is entitled under § 31-349(a) to full permanency award where physician attributes half of disability rating to a pre-existing condition. Additionally, trier must determine whether claimant’s pre-existing permanency was due to his prior workplace injury or some other cause. See also, Prioleau, § 31-299b, § 31-307 and § 31-349.

Mansfield v. State/Dept. of Correction, 12 Conn. Workers’ Comp. Rev. Op. 226, 1388 CRB-1-92-3 (March 23, 1994).

CRB affirmed trier’s conclusion denying claimant § 31-308 benefits for an accepted hypertension claim where physician’s impairment rating of claimant’s cardiovascular system was based on claimant’s reduced employability. Also, see, Mansfield, § 31-301. Appeal procedure.

Kerins v. Johnson Controls, 12 Conn. Workers’ Comp. Rev. Op. 72, 1419 CRB-8-92-5 (February 3, 1994).

Trier’s decision affirmed. Medical opinion evidence as to date of maximum medical improvement and extent of disability amply supports trier’s findings. Trier is not bound by medical opinion of treating physician.

Furrey v. Wells Fargo Alarm System, 11 Conn. Workers’ Comp. Rev. Op. 192, 1307 CRD-3-91-9 (September 22, 1993).

Trier awarded claimant 234 weeks permanent partial disability of her temporomandibular joints based on criteria set forth in § 31-308(d), (now § 31-308(c)). CRB found award was not based on a whole person impairment. See also, Furrey, § 31-298.

Romanski v. West Hartford, 10 Conn. Workers’ Comp. Rev. Op. 253, 1222 CRD-1-91-4 (January 13, 1993), aff’d, 34 Conn. 307 (1994).

Evidence reasonably supports a conclusion that claimant sustained a permanent physical impairment of the cardiovascular system due to hypertension. See also, Romanski, § 7-433c.

Snyder v. Americo-U-Haul of Connecticut, 10 Conn. Workers’ Comp. Rev. Op. 232, 1219 CRD-5-91-4 (January 7, 1993).

Remanded as trier failed to address evidence as to whether claimant suffered a permanent partial disability of the back. CRB affirmed trier on § 31-307b issue. See also, Snyder, § 31-307b.

Peterson v. Standard Structural Steel, 10 Conn. Workers’ Comp. Rev. Op. 200, 1211 CRD-6-91-4 (November 12, 1992).

Claimant is not entitled to receive concurrent payment of temporary total and permanent partial benefits. See, Paternostro v. Edward Coon Co., 217 Conn. 42 (1991).

Duso v. Emhart Corporation, 10 Conn. Workers’ Comp. Rev. Op. 146, 1175 CRD-6-91-2 (June 29, 1992).

Trier’s finding that claimant reached maximum medical improvement and sustained a 5% permanent partial disability of each hand due to compensable bilateral carpal tunnel syndrome supported by medical evidence.

Miner v. Watertown, 10 Conn. Workers’ Comp. Rev. Op. 100, 971 CRD-5-90-1 (April 28, 1992).

Evidence before trier disclosed claimant suffered a permanent partial disability to his right arm. See also, Miner, § 31-300, § 31-301. Factual findings, § 31-308(a).

McCarthy v. 10 Star Corporation, 10 Conn. Workers’ Comp. Rev. Op. 64, 1134 CRD-2-90-11 (March 16, 1992).

Trier based his award of 5% permanent partial disability of the right ankle on medical evidence which did not specifically evaluate pain and assign a percentage of disability for it. CRB finds no error in conclusions reached. See also, McCarthy, § 31-301. Appeal procedure.

Peters v. State/Southern Connecticut State University, 10 Conn. Workers’ Comp. Rev. Op. 32, 1103 CRD-3-90- 8 (January 13, 1992).

Remanded as trier relied on medical reports not entered into evidence and made part of the record below in awarding permanent partial disability benefits. See also, Peters, § 31-294c, § 31-301. Appeal procedure.

Roswell v. State/Southbury Training School, 10 Conn. Workers’ Comp. Rev. Op. 19, 1094 CRD-5-90-8 (December 27, 1991), aff’d, 29 Conn. App. 432 (1992), cert. denied, 224 Conn. 922 (1992).

Dependent widow’s claim for additional specific award based on the increase of decedent’s permanent partial disability for loss of use of the heart denied. Trier found decedent totally disabled and decedent received temporary total benefits until his date of death.

St. Germain v. Waterbury, 9 Conn. Workers’ Comp. Rev. Op. 290, 1084 CRD-5-90-8 (December 27, 1991).

Remanded as trier failed to make specific factual findings as to why claimant was not entitled to the number of weeks of benefits customarily awarded for twenty (20%) percent loss of use of both lungs and to indicate the statutory procedure followed in arriving at the conclusion reached.

Alger v. Rossi Corporation, 9 Conn. Workers’ Comp. Rev. Op. 261, 1065 CRD-1-90-6 (December 5, 1991).

Trier’s award based on loss of use of the brain supported by evidence. The amount of benefits awarded is discretionary depending upon the disabling effect of loss of or loss of function of the organ and not based on a set mathematical formula. See also, Alger, § 31-349.

Barter v. Greenwich Country Day School, 9 Conn. Workers’ Comp. Rev. Op. 244, 966 CRD-7-90-1 (October 31, 1991).

Surviving spouse and estate are not entitled to § 31-308 specific benefits even though decedent was rated. No specific award was ever made or sought as decedent received temporary total benefits until his death. See, McCurdy v. State, 9 Conn. Workers’ Comp. Rev. Op. 22, 887 CRD-4-89-6 (January 10, 1991), aff’d, 26 Conn. App. 466 (1992), rev’d, 227 Conn. 261 (1993) and Bacote v. Anaconda American Brass, 1 Conn. Workers’ Comp. Rev. Op. 42, 18 CRD-5-80 (June 12, 1981).

Corcoran v. Corcoran Moving and Storage, Inc., 9 Conn. Workers’ Comp. Rev. Op. 237, 1030 CRD-5-90-6 (October 31, 1991).

CRD affirmed trier’s finding which awarded claimant total disability benefits for disabling condition which rendered claimant a paraplegic even though claimant sought benefits under § 31-308(b). See also, Corcoran, § 31-301, § 31-284(a) and § 31-307.

Straub v. Bolt Technology Corporation, 9 Conn. Workers’ Comp. Rev. Op. 212, 1130 CRD-3-90-11 (September 12, 1991).

Award for 15% loss of use of the lumbar spine supported by evidence. See also, Straub, § 31-298, § 31-294f.

McCurdy v. State, 9 Conn. Workers’ Comp. Rev. Op. 22, 887 CRD-4-89-6 (January 10, 1991), aff’d, 26 Conn. App. 466 (1992), rev’d, 227 Conn. 261 (1993).

Within trier’s power to decide whether to award § 31-308 benefits when claimant reaches maximum medical improvement and remains totally disabled. Unmatured benefits pursuant to § 31-308 payable only to dependents eligible to receive them. Supreme Court reversed CRB and held that the estate was entitled to the payment of specific benefits although at the time of decedent’s death, due to unrelated causes, he was receiving temporary total benefits. See also, McCurdy, § 31-295, § 31-306.

Williams v. Best Cleaners, 8 Conn. Workers’ Comp. Rev. Op. 168, 843 CRD-1-89-3 (October 26, 1990).

Section 31-308(d) does not enumerate body parts as § 31-308(b) does. Where there is testimony to conclude that the lung function as a whole was incapacitated, and not just a piece of each lung, it was proper for the commissioner to transfer liability after 104 weeks of payment. See also, Williams, § 31-349.

Shallcross v. New London, 8 Conn. Workers’ Comp. Rev. Op. 150, 935 CRD-2-89-10 (September 20, 1990).

Section 31-308(d) benefits payable under § 7-433c. See, Felia v. Westport, 214 Conn. 181 (1990), aff’d, 7 Conn. Workers’ Comp. Rev. Op. 84, 703 CRD-4-88-3 (September 25, 1989) and Deschnow v. Stamford, 214 Conn. 394 (1990), aff’d, 7 Conn. Workers’ Comp. Rev. Op. 86, 706 CRD-7-88-3 (September 25, 1989). Claimant entitled to same benefits as available under Chapter 568. See also, Shallcross, § 31-284b and § 31-283a.

Paternostro v. The Edward Coon Co., 8 Conn. Workers’ Comp. Rev. Op.113, 817 CRD-5-89-2 (June 19, 1990), aff’d, 217 Conn. 42 (1991).

See, Paternostro, § 31-307.

Stevens v. Raybestos Manhattan, 8 Conn. Workers’ Comp. Rev. Op. 84, 833 CRD-4-89-3 (May 11, 1990), aff’d, 28 Conn. App. 226 (1992), cert. denied, 223 Conn 921 (1992).

Disfigurement and unscheduled permanent partial. Permanent partial disability benefits due to asbestos exposure should be calculated on the basis of the average weekly wage at the time claimant was found to be permanently and partially disabled. See also, Stevens, § 31-310.

Misenti v. International Silver Co., 7 Conn. Workers’ Comp. Rev. Op. 96, 729 CRD-6-88-9 (October 19, 1989), no error, 215 Conn. 206 (1990).

Finding that claimant is permanently partially disabled due to impaired motion of his hands caused by chronic skin dermatitis is within the discretion of the trial commissioner.

Vieta v. Consolidated Cigar, 7 Conn. Workers’ Comp. Rev. Op. 48, 677 CRD-6-87 (August 3, 1989).

Employer liable for separate 104 week benefit period for each injury scheduled or unscheduled that may have arisen from same accident before transferring liability to the Fund. See also, Vieta, § 31-349.

Laine v. New England Aircraft, 6 Conn. Workers’ Comp. Rev. Op., 138, 536 CRD-6-86 (April 5, 1989).

Where evidence in conflict as to reversibility of claimant’s lung condition award for loss of lung function permitted.

Hicks v. State/Dept. of Administrative Services, 6 Conn. Workers’ Comp. Rev. Op. 111, 429 CRD-5-85 (February 23, 1989), no error, 21 Conn. App. 464 (1990), cert. denied, 216 Conn. 804 (1990).

Claimant by accepting benefits under this section admits to legal inference that he is no longer totally disabled. See also, Hicks, § 31-300, § 31-307, § 31-308a.

Piscitelli v. Connecticut Coke/Eastern Gas and Fuel Associates, 6 Conn. Workers’ Comp. Rev. Op. 94, 575 CRD-3-87 (January 26, 1989).

Commissioner did take into account statute’s criteria. AMA Guidelines may be considered although whole man awards not permitted.

Plourde v. Scovill Manufacturing Co., 6 Conn. Workers’ Comp. Rev. Op. 67, 521 CRD-5-86 (December 1, 1988).

Permanent partial benefits for a 30% loss of use of stomach cannot be paid simultaneously with temporary total benefits.

Smith v. United Technologies Corp., 6 Conn. Workers’ Comp. Rev. Op. 61, 142 CRD-6-82(2) (November 14, 1988).

Affirmed trial commissioner’s award for loss of use of umbilical skin where Finding & Award was adequately supported by factual findings. See, Smith, infra.

Debarros v. A.L. Singleton, 6 Conn. Workers’ Comp. Rev. Op. 22, 498 CRD-5-86 (September 19, 1988) no error, 21 Conn. App. 107 (1990).

CRD affirmed dismissal of claim for loss of use of brain. See also, Debarros, § 31-298, § 31-301. Factual findings.

Antonucci v. Hartford, 5 Conn. Workers’ Comp. Rev. Op. 151, 511 CRD-1-86 (July 29, 1988).

See, Antonucci, § 7-433c.

Macsata v. Stamford, 5 Conn. Workers’ Comp. Rev. Op. 144, 377 CRD-7-85 (July 22, 1988).

Permanent partial benefits may not be awarded for unscheduled injuries which existed prior to law permitting such awards.

Delcarmine v. Fire Prevention Service, Inc., 5 Conn. Workers’ Comp. Rev. Op. 123, 311 CRD-7-84 (June 27, 1988).

Determination of when claimant reached maximum medical improvement is a matter within trial commissioner’s discretion.

Miner v. Federal Paperboard Co., 4 Conn. Workers’ Comp. Rev. Op. 129, 333 CRD-2-84 (December 1, 1987).

Award for permanent partial benefits in lieu of total disability is a matter within the trial commissioner’s discretion.

Mignosa v. New Britain, 3 Conn. Workers’ Comp. Rev. Op. 75, 135 CRD-6-82 (October 8, 1986).

Once claimant has been properly paid benefits, a defense of laches will not bar later benefits even though claim has been inactive.

Laine v. New England Aircraft, 2 Conn. Workers’ Comp. Rev. Op. 109, 195 CRD-6-83 (November 13, 1984).

Claimant may pursue an award under § 31-308(d) where injury was compensable.

Levesque v. State, 2 Conn. Workers’ Comp. Rev. Op. 98, 231 CRD-6-83 (August 8, 1984).

Where commissioner awarded benefits for brain loss, Finding and Award must take into account statute’s requirements.

Smith v. UTC/Pratt & Whitney Aircraft Div., 2 Conn. Workers’ Comp. Rev. Op. 23, 142 CRD-6-82 (May 25, 1983).

Awards under this provision must be supported by facts showing statutory requirements were met.

Correa v. New England Forge, 1 Conn. Workers’ Comp. Rev. Op. 164, 48 CRD-6-81 (August 13, 1982).

Claimant claimed 10% permanent partial disability of the back; Commissioner only awarded 5%.

Smith v. State, 1 Conn. Workers’ Comp. Rev. Op. 95, 78 CRD-2-81 (January 4, 1982), error; further proceedings, 38 Conn. Sup. 648 (1983).

See later case listed under § 31-308(c).

Bacote v. Anaconda American Brass, 1 Conn. Workers’ Comp. Rev. Op. 42, 18 CRD-5-80 (June 12, 1981).

Dependent widow was not entitled to specific compensation when decedent had remained on total temporary until his death from unrelated causes.