CASE NO. 6119 CRB-3-16-7
COMPENSATION REVIEW BOARD
WORKERS’ COMPENSATION COMMISSION
NOVEMBER 9, 2017
CITY OF NEW HAVEN/BOARD OF EDUCATION
CONNECTICUT INTERLOCAL RISK MANAGEMENT AGENCY (CIRMA)
CHRISTINE L. ENGEL, COMMISSIONER. On October 23, 2017, the Respondent Insurers’ filed a Motion for Reconsideration and Request for Reargument from the Compensation Review Board92’s Opinion issued on October 13, 2017, in Fusco v. New Haven-Board of Education, 6119 CRB-3-16-7 (October 13, 2017). After review and consideration, we herein deny the motion.
Respondent Insurers’ motion seeks to have this panel rule on the issue of a possible credit due the Respondent from a permanent partial disability award. The Respondent argues that as the trial Commissioner ruled on this question in a post-judgment motion, we must address it at this juncture. We are not persuaded by this argument. We do not believe the underlying record was sufficient to address this issue on appeal. As we believe a more thorough consideration of the facts is warranted, our precedent in Brennan v. Waterbury, 6065 CRB-5-15-12 and 5996 CRB-5-15-3 (October 31, 2016), appeal pending, SC 19937, supports remanding this issue to the trial Commissioner for further proceedings.
The Respondent Insurers’ Motion for Reconsideration and Request for Reargument is therefore denied.
Commissioners Daniel E. Dilzer and Peter C. Mlynarczyk concur.