ROBERTA ANCONA, Dependent Widow of DAVID F. ANCONA, CLAIMANT-APPELLEE vs. CITY OF NORWALK, EMPLOYER, RESPONDENT-APPELLANT

CASE NO. 810 CRD-7-89-1Workers’ Compensation Commission
FEBRUARY 26, 1990

The claimant was represented by Gerald F. Stevens, Esq., Stevens, Moran, Carroll Carveth.

The respondent was represented by Herbert G. Feuerhake, Esq., Tierney, Zullo, Flaherty Murphy.

This Petition for Review from the January 17, 1989 Finding and Award of the Commissioner for the Seventh District was heard October 27, 1989 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and Andrew P. Denuzze.

OPINION

JOHN ARCUDI, CHAIRMAN.

The claimant is the dependent widow of a uniformed member of the respondent-municipality’s fire department. Claimant’s decedent died as a result of cardiac arrest. At the time of his death the decedent was the recipient of a Voluntary Agreement in which it was agreed that the decedent would receive benefits pursuant to Sec. 31-308(d) C.G.S. for 37 1/2% permanent partial disability of the heart. The trial commissioner in his January 17, 1989 Finding and Award ordered respondent pay the claimant the specific indemnity benefits which the respondent had agreed to pay pursuant to the Voluntary Agreement and concurrently pay the claimant dependent spouse benefits pursuant to Sec. 31-306
C.G.S. The respondent Petitioned for Review from the trial commissioner’s January 17, 1989 Finding and Award.

The parties entered into a written stipulation of facts. Thus, there is no factual dispute on appeal. The only issue presented for review is whether the trial commissioner erred in ordering the respondent to pay Sec. 31-308(d) specific indemnity benefits for permanent partial incapacity concurrently with Sec. 31-306 dependent spouse benefits.

Our decision in Kachaluba v. Town of Greenwich, 766 CRD-7-88-9 (decided February 26, 1990) is dispositive of the issue on appeal. Based on our ruling in Kachaluba, we reverse the Seventh District Commissioner’s Finding and Award ordering the concurrent payment of benefits.

Commissioners Robin Waller and Andrew P. Denuzze concur.

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