CASE NO. 520 CRD-4-86Workers’ Compensation Commission
APRIL 28, 1988
Claimant was represented by Gerald F. Stevens, Esq.
Respondents were represented by Robert Festa, Esq., and Paul J. Bakulski, Esq., Assistant Attorneys General.
This Petition for Review from the October 2, 1986 Ruling on a Motion to Preclude of the Commissioner for the Fourth District was heard February 26, 1988 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and Gerald Kolinsky.
DISMISSAL OF APPEAL
JOHN ARCUDI, Chairman.
The only issue here is whether the Fourth District Commissioner’s October 2, 1986 Ruling granting Claimant’s Motion to Preclude was error. The Commissioner ruled that Respondent’s contestment notice failed to state specific grounds of contest and therefore preclusion lay under Sec. 31-297 (b), C.G.S. Respondent’s January, 1986 notice has stated the following grounds, “Respondents contend present day complaints are not work-related”.
We affirm the granting of the Motion to Preclude. As noted on other occasions, the language of the Form 43 disclaimer employed by the respondent is basically a general denial and therefore subject to the holding of Menzies v. Fisher., 165 Conn. 338 (1973). The appeal is dismissed.
Commissioners Robin Waller and Gerald Kolinsky concur.