State of Connecticut Workers' Compensation Commission, Stephen M. Morelli, Chairman
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Fusco v. City of New Haven/Board of Education

CASE NO. 6119 CRB-3-16-7

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

NOVEMBER 9, 2017

ANTHONY FUSCO

CLAIMANT-APPELLEE

v.

CITY OF NEW HAVEN/BOARD OF EDUCATION

EMPLOYER

SELF-INSURED

and

CONNECTICUT INTERLOCAL RISK MANAGEMENT AGENCY (CIRMA)

ADMINISTRATOR

RESPONDENTS-APPELLANTS

RULING ON RESPONDENT INSURERS’MOTION FOR RECONSIDERATION AND REQUEST FOR REARGUMENT

CHRISTINE L. ENGEL, COMMISSIONER. On October 23, 2017, the Respondent Insurers’ filed a Motion for Reconsideration and Request for Reargument from the Compensation Review Board92’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.

Workers’ Compensation Commission

Page last revised: November 30, 2017

Page URL: http://wcc.state.ct.us/crb/2017/6119rul.htm

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State of Connecticut Workers' Compensation Commission, Stephen M. Morelli, Chairman
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