State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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CRB Case Annotations re: Section 31-355(e)

Insolvent insurers and Connecticut Insurance Guaranty Association liability.

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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.

Riccitelli v. Regional Network of Programs, 5450 CRB-4-09-4 (May 3, 2010).

Claimant did not receive COLA adjustments for approximately 10 years. At that point, he received lump sum of unpaid COLA but pursued interest penalty against respondent. Trial Commissioner awarded interest for undue delay; COLA should have been provided without demand. CIGA, carrier for last five years of claim, appealed. CRB denied legal arguments CIGA advanced that were rejcted in Potvin v. Lincoln Service & Equipment, 5258 CRB-3-07-8 (November 12, 2008), rev’s 298 Conn. 620 (2010). However, CIGA could not be penalized for negligence attributable to prior carrier. Matter remanded to assess penalty rate of interest only for period CIGA administrated the file. See also Riccitelli, § 31-300, § 31-307a.

Franklin v. Superior Casting, 5269 CRB-7-07-9 (June 15, 2009).

Claimant awarded benefits for occupational disease. Respondent-employer had two carriers on risk during time of exposure; one of which was defunct and Connecticut Insurance Guaranty Association (CIGA) responsible for their obligations. Trial Commissioner determined CIGA responsible for claim with right of apportionment against other carrier. CIGA appealed arguing this was not a “covered claim” and that Hunnihan v. Mattatuck Manufacturing, 243 Conn. 438 (1997) barred CIGA from paying claim. CRB upheld trial commissioner. Trial commissioner properly relied on Connecticut Ins. Guaranty Assn. v. State, 278 Conn. 77 (2006) to find this was a “covered claim.” Hunnihan only bars payment to solvent insurers; not claims from injured workers. See also Franklin, § 31-299b.

Simmons v. UTC/Sikorsky Aircraft Div., 3904 CRB-4-98-9 (September 17, 1999).

See, Simmons, § 31-299b.

Pantanella v. Enfield Ford, 3377 CRB-1-96-7 (January 28, 1998), aff’d, 65 Conn. App. 46 (2001), cert. denied, 258 Conn. 930 (2001)(along with Case No. 3937).

CIGA could not prevail on arguments that trier did not have jurisdiction to rule on a CIGA Act matter, that the alleged injury was not a “covered claim,” and that the claimant failed to exhaust his rights under other insurance policies before seeking payment from CIGA. However, the trier did not make a finding regarding satisfaction of the § 38a-841 two-year statute of limitations, so the case was remanded on that ground. See also, Pantanella, § 31-298, § 31-299b, § 31-301. Factual findings. Subsequent decisions in Pantanella, 4220 CRB-1-00-4 (December 19, 2000), § 31-298, § 31-300; Pantanella, 3937 CRB-1-98-11 (January 7, 2000), § 31-298, § 31-299b, § 31-300, § 31-301. Factual findings, § 31-315.

Hunnihan v. Mattatuck Mfg. Co., 16 Conn. Workers’ Comp. Rev. Op. 72, 2297 CRB-5-95-2 (October 30, 1996), rev’d, 243 Conn. 438 (1997).

See, Hunnihan, § 31-299b.

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