CRB Case Annotations re: Section 31-287

Enforcement of claim against insurer.

Pascarelli v. Moliterno Stone Sales, 3925 CRB-4-98-11 (December 22, 1999).

CRB ruled that Chapter 568 did not entitle claimant to compensation for fringe benefits allegedly provided by his collective bargaining agreement. Thus, any claim based upon an interpretation of that contract must be maintained in another forum, regardless of any arguable effect that § 31-287 may ultimately have on this case. See also, Pascarelli, § 31-278, § 31-284b. Prior decision at Pascarelli, 14 Conn. Workers’ Comp. Rev. Op. 328, 2115 CRB-4-94-8 (September 15, 1995), aff’d, 44 Conn. App. 397, 400 (1997), cited infra and at § 31-310.

Pascarelli v. Moliterno Stone Sales, 14 Conn. Workers’ Comp. Rev. Op. 328, 2115 CRB-4-94-8 (September 15, 1995), aff’d, 44 Conn. App. 397 (1997).

Where employer filed a Chapter 11 bankruptcy petition, commissioner dismissed claimant’s request for modification of wage rate. Held, automatic stay under 11 U.S.C. § 362 excludes actions to enforce a governmental unit’s police or regulatory power, including workers’ compensation proceedings; bankruptcy court grant of relief from stay would not be needed for such matters. Distinction made between government actions aimed at advancing pecuniary interest against debtor and those serving a valid regulatory purpose. Here, insurer had accepted compensability of injury, and § 31-287 provides that insurer is directly liable for payment of benefits to claimant. Thus, it is possible to proceed directly against insurer without obtaining relief from bankruptcy stay. Nevertheless, authority of commissioner to schedule and conduct hearings gave him discretion to honor automatic stay, and CRB did not reverse. See also, Pascarelli, § 31-310.