Golino v. Standard Builders et al.

CASE NO. 1510 CRB-1-92-9

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATIONCOMMISSION

JUNE 2, 1995

RINALDO GOLINO

CLAIMANT-APPELLANT

v.

STANDARD BUILDERS

EMPLOYER

and

AETNA CASUALTY & SURETY

INSURER

and

MONSON & NICHOLAS

EMPLOYER

and

CNA INSURANCE COMPANY

INSURER

RESPONDENTS-APPELLEES

RULING ON MOTION FOR REARGUMENT OR RECONSIDERATION

JOHN A. ARCUDI, COMMISSIONER. This matter originally came before the Compensation Review Board on claimant’s appeal from the commissioner’s denial of an additional1 5% permanent partial disability § 31-308c award and § 31-308a wage loss benefits. We affirmed the denial of § 31-308a benefits but remanded the matter on the other issue.

After our decision, the respondent insurer CNA Insurance Companies moved to reconsider as our January 23, 1995 opinion contained a factual inaccuracy in the third paragraph, i.e., the statement that the proceedings below were conducted on a documentary record without oral testimony. In fact, there was oral testimony by the claimant. However, the medical evidence was all submitted in documentary form.

Our decision to remand had relied on the medical reports and the lack of any finding or evidence that Dr. Druckemiller’s September 7, 1989 conclusion had been made known to the claimant or his attorney. We have now examined claimant’s testimony and still do not find any reference in the transcript to claimant’s knowledge or lack of knowledge of the September 7, 1989 report.

We are therefore reissuing our January 23, 1995 opinion with suitable corrections concerning the factual inaccuracies noted in respondent’s motion.

Commissioners Donald H. Doyle, Jr. and Nancy A. Brouillet concur.

1 The claim for the additional permanent partial disability proceeded against Monson & Nicholas only, claimant having earlier reached a final stipulation with Standard Builders in the amount of $16,000. BACK TO TEXT