FRANCES BALDONI, CLAIMANT-APPELLEE vs. ST. MARY’S HOSPITAL, EMPLOYER and CONNECTICUT HOSPITAL ASSOCIATION, INSURER, RESPONDENTS-APPELLANTS

CASE NO. 916 CRD-5-89-9Workers’ Compensation Commission
FEBRUARY 1, 1991

The claimant was represented by Edward T. Dodd Jr., Esq.

The respondent Employer and Connecticut Hospital Association were represented by Jean Molloy, Esq., David Kelly, Esq., and Robert Montstream, Esq., all of Montstream and May.

The respondent St. Mary’s Hospital was represented by Richard Renehan, Esq., Gager, Henry Narkis.

This Petition for Review from the August 30, 1989 Memorandum granting a Motion to Preclude and February 1, 1990 Corrected Finding and Award of the Commissioner at Large acting for the Fifth District was heard August 10, 1990 before Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Gerald Kolinsky and Angelo dos Santos.

OPINION

JOHN ARCUDI, CHAIRMAN.

Respondents appeal the decision below granting claimant’s Motion to Preclude. The commissioner in granting the Motion to Preclude referred to two timely filed disclaimers of liability. However he only considered the specificity requirements of Sec. 31-297(b) in relation to the disclaimer mailed November 1, 1988. Nowhere did he consider whether the October 24, 1988 disclaimer met Sec. 31-297(b) specificity requirements as construed in Menzies v. Fisher, 165 Conn. 338 (1973).

That disclaimer of October 24, 1988 stated “Notice of Claim is defective pursuant to Sec. 31-294 C.G.S. The injury alleged did not arise out of or in the course of the claimant’s employment with the respondent. The claimant’s knee injury is pre-existing. There is no causal connection between the claimant’s alleged injury and her employment.” Under the Appellate Court ruling in Tovish v. Gerber Electronics, 19 Conn. App. 273
(1989) the language in the October 24, 1988 document is sufficiently specific to satisfy Sec. 31-297(b).

We therefore sustain respondents’ appeal and reverse the ruling below granting claimant’s Motion to Preclude. The matter is remanded for further proceedings.

Commissioners Gerald Kolinsky and Angelo dos Santos concur.