CASE NO. 193 CRD-2-83Workers’ Compensation Commission
MARCH 14, 1986
The Claimant-Appellee was represented by John M. Creane, Esq.
The Respondent-Appellant was represented by Robert G. Girard, Esq., Assistant Attorney General.
This Petition for Review from the December 30, 1982 Finding and Award of the Commissioner for the Second District was argued August 16, 1984 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Andrew Denuzze and Gerald Kolinsky.
FINDING AND AWARD
The Finding and Award of the Second District Commissioner is affirmed and adopted as the Finding and Award of this Division.
OPINION
JOHN ARCUDI, Chairman.
Section 5-142(a) C.G.S.[1] was extensively discussed by this Division more than four years ago in Heckman v. State of Connecticut, 57 CRD-6-81; 1 Conn. Workers’ Comp. Rev. Op. 79; 8 C.L.T. No. 27 (1981). We fail to see any significant distinction between the two cases.
In the instant matter an employee of Uncas-On-Thames was injured while attending a patient suffering from a mental defect. Uncas-On-Thames is not an institution or facility of the Department of Mental Health but neither was the Alcoholism Treatment Center of the University of Connecticut Health Center in the Heckman case. However, Uncas-On-Thames does treat persons afflicted with a mental defect just as did the agency involved in Heckman. Because of that it falls into the fourth category of institutions enumerated by 5-142(a).
Under these circumstances the Second District Commissioner correctly applied the law as we interpreted it in Heckman, and his decision awarding full salary benefits is affirmed. The appeal of the Respondent State is dismissed.
Commissioners Andrew Denuzze and Gerald Kolinsky concur.