ELDA APPLEBEE, CLAIMANT-APPELLEE vs. STATE OF CONNECTICUT SOUTHBURY TRAINING SCHOOL, EMPLOYER and J. NEALE MacDONALD CO., INSURER, RESPONDENTS-APPELLANTS

CASE NO. 841 CRD-5-89-4Workers’ Compensation Commission
AUGUST 20, 1990

The claimant was represented at the trial level by John Kucej, Esq. and on appeal by Robert M. Fitzgerald, Esq., Asselin Associates.

The respondent was represented by Michael Belzer, Esq., Assistant Attorney General.

This Petition for Review from the March 27, 1989 Finding and Award of the Commission at Large acting for the Fifth District was heard March 30, 1990 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and George Waldron.

OPINION

JOHN ARCUDI, CHAIRMAN.

Respondent-employer’s appeal.

Sec. 31-305 cannot be interpreted to permit an employer to suspend or discontinue benefits unilaterally without commission approval. It is not the employer who adjudicates rights in the system. That is the commissioner’s prerogative.

We held in Platt v. UTC/Pratt Whitney Aircraft Div., 3 Conn. Workers’ Comp. Rev. Op. 3, 7, 164 CRD-6-82 (1985) that the Form 36 procedure is mandated by statute when a claimant claims his incapacity continues. Certainly the record below indicates that the claimant claimed her incapacity continued.

We therefore affirm the trial commissioner’s March 27, 1989 Finding and Award insofar as it requires the commissioner’s approval of a Form 36 before benefits may be suspended pursuant to Sec. 31-305 C.G.S.

Commissioners Robin Waller and George Waldron concur.

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