CASE NO. 1059 CR-5-90-6Workers’ Compensation Commission
JUNE 13, 1991
The claimant was represented by Paul Ranando, Esq. and Edward T. Dood, Esq.
The respondent was represented by Michael Belzer, Esq., Assistant Attorney General.
This Petition for Review from the June 15, 1990 Memorandum of the Commissioner for the Fifth District was heard December 14, 1990 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Gerald Kolinsky and Angelo dos Santos.
OPINION
JOHN ARCUDI, CHAIRMAN.
In the proceedings below the claimant sought to preclude defenses under Sec. 31-297 (b) contending the employer’s disclaimer of liability was not specific. He relied on Menzies v. Fisher, 165 Conn. 338 (1973). The commissioner denied the Motion to Preclude defenses.
The employer’s Notice of Contest stated “Respondents contend that claimant’s condition of cancer and death resulting is not causally related to her back incident of March 3, 1986 and the March 3, 1986 incident was not a substantial factor in her death of April 18, 1987.” The commissioner found that such a disclaimer was sufficiently specific. We agree. Tovish v. Gerber Electronics, 19 Conn. App. 273 (1989) held a disclaimer to be sufficiently specific when it stated grounds of contest: “`[Injury (heart attack) did not arise out of or in the course and scope of employment'” Id. at 274. The language in this respondent’s disclaimer contained even more specificity than that in Tovish.
We therefore affirm the denial of claimant’s Motion to Preclude and dismiss the appeal.
Commissioners Gerald Kolinsky and Angelo dos Santos.