CASE NO. 2170 CRB-7-94-10Workers’ Compensation Commission
OCTOBER 1, 1996
RULING ON MOTION FOR RECONSIDERATION
GEORGE A. WALDRON, COMMISSIONER.
The claimant has filed a September 11, 1996 Motion for Reconsideration of this board’s September 3, 1996 decision affirming the trial commissioner’s dismissal of the claimant’s workers’ compensation claim. He seeks reconsideration of that decision on the ground that this board failed to consider one of his appellate arguments, namely, that the insurer in this case had established a claims file for the instant claim at least one day before the one-year statute of limitations under § 31-294c
Although we did not directly discuss that allegation in the opinion, we did take it into consideration in making our decision. The fact that the insurer may have set up a file containing a claim number and date of injury for the claimant does not, in and of itself, establish sufficient notice under § 31-294c. Knowledge of the place of the accident and the nature of the injury resulting therefrom are not conveyed by the insurer’s assignment of a claim number to this matter; both are necessary elements of notice under the statute. The trial commissioner’s fact-finding authority to decide whether substantial compliance with § 31-294c had occurred in this case was not legally circumscribed by this allegedly clear demonstration of notice of injury. Instead, this was merely one factor to be taken into account in the commissioner’s decision. She chose to dismiss the case based on the evidence, and we cannot direct a contrary finding on appeal. Therefore, the claimant’s Motion for Reconsideration is denied.
Commissioners Robin L. Wilson and Angelo L. dos Santos concur.