Barton v. Ducci Electrical Contractors, Inc.

CASE NO. 3569 CRB-8-97-3

APPELLATE COURT

STATE OF CONNECTICUT

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

MARCH 26, 1998

THOMAS F. BARTON

CLAIMANT-APPELLANT

v.

DUCCI ELECTRICAL CONTRACTORS, INC.

EMPLOYER

and

ITT HARTFORD INSURANCE GROUP

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant was represented by Robert F. Carter, Esq., Carter & Civitello, Woodbridge Office Park, One Bradley Road, Woodbridge, CT 06525.

The respondents were represented by Joseph E. Skelly, Jr., Esq., Edward Henfey & Associates, 55 Farmington Ave., Hartford, CT 06105.

This Petition for Review from the February 28, 1997 Finding and Award of the Commissioner acting for the Eighth District was heard December 19, 1997 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners James J. Metro and John A. Mastropietro.

RESERVATION IN WORKERS’ COMPENSATION CASE ON MOTION OF COMPENSATION REVIEW BOARD

The claimant in the instant matter has requested a reservation of the constitutional issues to the Appellate Court. The Compensation Review Board is of the opinion that the decision in this matter involves principles of law which are not free from reasonable doubt and which public interest requires shall be determined by the Appellate Court, in order that a definite rule be established for the instant case and for future cases. See § 31-324 C.G.S. Specifically, the Compensation Review Board seeks a resolution of the following issues:

1. Does § 31-308(b) C.G.S. deprive the claimant of equal protection or due process of law under the Fourteenth Amendment to the United States Constitution, by providing permanent partial disability benefits for damage to certain scheduled organs and body parts, such as the gall bladder, teeth, pancreas and sense of smell, while denying permanent partial disability benefits to claimants who have sustained damage to the skin (as in the instant case), or damage to other vital organs, such as the intestines, esophagus, endocrine glands, uterus, abdominal wall, and others.

2. Does § 31-308(b) C.G.S. deprive the claimant of equal protection or due process of law under the provisions of Article First of the Connecticut Constitution, by providing permanent partial disability benefits for damage to certain scheduled organs and body parts, such as the gall bladder, teeth, pancreas and sense of smell, while denying permanent partial disability benefits to claimants who have sustained damage to the skin (as in the instant case), or damage to other vital organs, such as the intestines, esophagus, endocrine glands, uterus, abdominal wall, and others.

The Compensation Review Board panel, consisting of Chairman Jesse M. Frankl, and Commissioners James J. Metro and John A. Mastropietro, unanimously reserves this matter for the opinion of the Appellate Court.

By the Compensation Review Board,

Jesse M. Frankl, Chairman

Commissioners James J. Metro and John A. Mastropietro concur.