Hickey v. E.J.C. Transportation

The claimant was represented by Donald C. Simmons, Esq., 440 Meadow St., Waterbury, CT 06702.

The respondents were represented by Robert Enright, Esq., McGann, Bartlett & Brown, 281 Hartford Turnpike, Vernon, CT 06066.

This Petition for Review from the September 26, 1995 Finding and Award of the Commissioner acting for the Fifth District was heard August 30, 1996 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners George A. Waldron and Robin L. Wilson.

OPINION

JESSE M. FRANKL, CHAIRMAN. The claimant has petitioned for review from the September 26, 1995 Finding and Award of the Commissioner acting for the Fifth District. The trial commissioner found that the claimant was injured and received benefits for a compensable automobile accident that occurred in Florida. He settled his claim against the employer’s uninsured motorist carrier for $2,000,000, along with payment of attorney’s fees and court costs. The respondents claim entitlement to a credit against any future liability they might have under the Workers’ Compensation Act. The commissioner found that, under § 31-293 C.G.S., the respondent employer had the same right to proceed against the automobile liability carrier as did the claimant. He held that the respondent could assert a moratorium against the net proceeds received by the claimant from the settlement of his claim. He also noted that further hearings may be held to determine whether the employer perfected its claim, and the extent of the credit. The claimant then filed an appeal from that decision.

The respondents countered the claimant’s appeal with a motion to dismiss. They argue that a final judgment is necessary before an appeal may be taken, and that no final judgment was reached below. The claimant then filed a response consenting to a finding that his appeal was premature, but requesting that he reserve the right to appeal on the elements already raised, and that the respondents set forth their alleged stipulated agreements that there is no dispute to the facts involved. As both parties agree that this case is not yet ripe for appeal to this board, we need discuss the matter no further. The claimant’s appeal is hereby dismissed for lack of an appealable decision.