Lesco v. Glass Crafters

CASE NO. 3915 CRB-03-98-10

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

FEBRUARY 14, 2000

NANCY LESCO, Dependent Widow of ROBERT LESCO, Deceased

CLAIMANT-APPELLEE

v.

GLASS CRAFTERS

EMPLOYER

(NO RECORD OF INSURANCE)

RESPONDENT-APPELLEE

and

SECOND INJURY FUND

RESPONDENTS-APPELLANT

RULING ON CLAIMANT’S MOTION FOR RECONSIDERATION

JESSE M. FRANKL, COMMISSIONER. The claimant has filed a Motion for Reconsideration of the Compensation Review Board’s decision which was issued on January 19, 2000. In that decision, the board remanded the matter to the trial commissioner in order to revise the award regarding the monetary credit. Specifically, the board stated as follows:

Finally, we will address the Fund’s argument that the proceeds from the wrongful death claim in the amount of $97,063.17 paid to the children in the probate court ($32,354.39 x 3 children) should be included in the credit under § 31-293. In the instant case, the children may receive workers’ compensation benefits under § 31-306 pursuant to a prior trial commissioner’s order that one half of the decedent’s compensation rate be paid to the claimant widow and her child, and the other half to be paid to the guardian for Robert and Anthony. (Finding ¶ 7). Accordingly, their receipt of said money would result in a double recovery if they received future § 31-306 benefits without allowing a credit for the $97,063.17. Thus, the $97,063.17 must be added to the credit of $161,371.72, for a total of $258,434.89. In all other respects, the trial commissioner’s decision is affirmed.

In support of her Motion for Reconsideration, the claimant argues that “the entire $97,063.17 is not appropriately a credit for the reason that the children’s interest will terminate by reason of the provisions of § 31-306(5).” The claimant argues that the board’s remand should have allowed for the trial commissioner to make a factual determination regarding the credit. We agree. Accordingly, we grant the claimant’s Motion for Reconsideration, and we revise our decision so as to indicate that the matter is remanded to the trial commissioner so that he can determine the proper monetary credit regarding the $97,063.17 paid to the children in the probate court.

Commissioners Angelo L. dos Santos and Stephen B. Delaney concur.