CASE NO. 927 CRD-3-89-10Workers’ Compensation Commission
FEBRUARY 20, 1991
The claimant was represented by David K. Nanavaty, Esq., and Howard Evan Ignal, Esq., both of Ignal Vogel, P.C. No appearance was made at the oral argument although a brief was filed.
The respondent was represented by Michael Belzer, Esq., Assistant Attorney General.
This Petition for Review from the October 16, 1989 Finding and Award of the Commissioner for the Third District was heard September 28, 1990 before a Compensation Review Division panel consisting of the Commissioner Chairman, John Arcudi, and Commissioners Frank Verrilli and George Waldron.
OPINION
JOHN ARCUDI, CHAIRMAN.
This appeal by respondent Second Injury Fund contests the commissioner’s authority to enter an order directly against the Fund without first ordering the employer to pay. The Fund’s position is correct.
Claimant’s compensable injury to his left forearm occurred October 9, 1985. At the time the employer respondent was not insured for his Workers’ Compensation liability. The commissioner ordered the respondent Second Injury Fund pursuant to Sec. 31-355 C.G.S. to pay all Workers’ Compensation benefits awarded. Section 31-355(a) C.G.S. provides in pertinent part:
When an award of compensation shall have been made under the provisions of this chapter against an employer who fails or is unable to pay the medical and surgical aid . . . or any type of compensation for disability . . . or any adjustment in compensation required by this chapter . . . such payments shall be made and compensation provided from the Second Injury and Compensation Assurance Fund . . . . (emphasis our)
The statute clearly requires first that an award be made against the liable employer; only after it is found that the employer has failed to pay, may an order enter against the Fund. cf. Kramer v. General Electric Co., 37 Conn. Sup. 742 (1981).
“`A statute which provides that a thing shall be done in a certain way carries with it an implied prohibition against doing that thing in any other way.'” State v. Kelly, 208 Conn. 365, 371 quoting State ex rel. Barlow v. Kaminsky, 144 Conn. 612, 620
(1957).
We, therefore, vacate the order against the Second Injury Fund and remand for further proceedings consistent with this opinion.
Commissioner Frank Verrilli and George Waldron concur.