CASE NO. 424 CRD-2-85Workers’ Compensation Commission
MAY 10, 1988
The claimant was represented by David Neusner, Esq., Embry and Neusner.
The respondent-insurer was represented by James L. Pomeranz, Esq., Pomeranz, Drayton Stabnick. The respondent-employer was represented by Peter Quay, Esq. and George Waldron, Esq.
This Petition for Review from the September 6, 1985 Finding and Award of the Commissioner for the Second District was heard March 27, 1988 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Frank Verrilli and Michael S. Sherman.
FINDING AND AWARD
The September 6, 1985 Finding and Award of the Second District is affirmed and adopted as the Finding and Award of this tribunal.
OPINION
JOHN ARCUDI, Chairman.
Claimant’s injuries occurred July 19, 1978, May 18, 1979[1]
and February 16, 1983. The Second District September 6, 1985 Finding and Award does not describe the specific injuries, but there is no contest as to compensability. At issue, rather, is what benefits is claimant entitled to receive under the Federal Longshoremen’s and Harbor Workers’ Compensation Act (FLHA) and the Connecticut Workers’ Compensation Law.
Respondent-insurer, Insurance Company of North America (INA), was the carrier for injuries sustained prior to December 21, 1981. After December 21, 1981 Respondent-Employer was self-insured. The claimant’s maximum compensation rate under Connecticut law on July 19, 1978 was $147.00 and on May 8, 1979, $183.81. Claimant was paid for one and one seventh weeks’ work loss under the FLHA for the July, 1978 injury.
Thereafter, Claimant underwent surgery for those injuries. That surgery resulted in a scar on the anterior aspect of the throat and a donor site scar on the right iliac crest. The Second District Commissioner awarded four weeks benefits for each of those scars. Respondent agreed to pay for the right iliac crest scar. However, it sought a credit for the $42.68 difference between the FLHA payment and the amount payable under Connecticut law. INA denied any liability under Connecticut law for the throat scar.
After the 1983 neck injury, a further cervical laminectomy and fusion was performed on Claimant. For the resultant scars, the Connecticut Commissioner awarded five weeks on the donor site left iliac crest and four weeks for the new throat scar. Respondent paid the left hip benefits but denied the other with the continued assertion that the Connecticut law did not contemplate payment for such cervical scars.
As to the claimed $42.68 FLHA credit, this tribunal has ruled that there is no double payment when no disfigurement award has been made under the federal statute, McGowan v. General Dynamics Corp., 273 CRD-2-83 (3/2/87), appeal filed, Conn. App. Ct. No. A.C. 5910; Sammataro v. General Dynamics Corp., 308 CRD-2-83 (3/2/87), appeal filed, Conn. App. Ct. No. A.C. 5913; Dinwoodie v. General Dynamics Corp., 309 CRD-2-84 (3/2/87). We therefore agree with the trial Commissioner’s refusal to credit the $42.68.
Similarly, the Compensation Review Division has previously addressed the question of anterior throat scars resulting from cervical disc surgery, Stitzer v. Rinaldi’s Restaurant, 369 CRD-5-84 (6/15/87), appeal filed, Conn. App. No. A.C. 6172. We held that the exception in Sec. 31-308
(d),[2] C.G.S. for spinal surgery scars did not apply to scars on the anterior aspects of the throat or on donor site scars on the hip.
We, therefore, affirm the Second District September 6, 1985 Finding and Award.
Commissioners Frank Verrilli and Michael S. Sherman concur.