BONNIE BARTER, Surviving Widow of KENNETH W. BARTER, JR., (Deceased) and ESTATE of KENNETH W. BARTER, JR., (Deceased), CLAIMANT-APPELLANT v. GREENWICH COUNTRY DAY SCHOOL, EMPLOYER and SECOND INJURY AND COMPENSATION ASSURANCE FUND, INSURER, RESPONDENTS-APPELLEES

CASE NO. 966 CRD-7-90-1Workers’ Compensation Commission
OCTOBER 31, 1991

The claimants were represented by Mark F. Kutz, Esq.

The Second Injury and Compensation Assurance Fund was represented by Cori-Lynn Schaller Webber, Esq., Assistant Attorney General.

This Petition for Review from the December 26, 1989 Finding and Dismissal of the Commissioner for the Seventh District was decided on the basis of papers submitted for the March 22, 1991 hearing before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners A. Thomas White and James Metro.

OPINION

JOHN ARCUDI, CHAIRMAN.

The decedent’s estate and his spouse sought to be paid permanent partial disability benefits as a result of decedent’s September 19, 1983 compensable back injury. From the date of injury until his death, January 13, 1989 decedent received temporary total disability benefits. During his lifetime, two neurosurgeons, Dr. Charles Needham and Dr. Ervin E. Hanson, had rated the decedent for permanent partial disability of the back. The first had assessed this at thirty (30%) percent and the second at eighty (80%) percent and later at fifty (50%) percent.

The decedent’s death on January 13, 1989 was unrelated to his compensable injury. No specific award had ever been entered as to permanent partial benefits as the decedent received temporary total disability benefits. Nor was there even a request for Sec. 31-308 benefits.

On appeal the claimant’s seek the entry of such an award posthumously. The case is controlled by our decisions in McCurdy v. State of Connecticut, 9 Conn. Workers’ Comp. Rev. Op. 22, 887 CRD-4-89-6 (1991); and Bacote v. Anaconda American Brass, 1 Conn. Workers’ Comp. Rev. Op. 42, 18 CRD-5-80 (1981).

Bacote and McCurdy, held that a surviving spouse and an estate were not entitled to Sec. 31-308 specific benefits where no Voluntary Agreement had been entered into nor had there been any specific benefits paid at the time of the decedent’s death. Those holdings are dispositive of the instant matter.

We affirm the Seventh District’s denial of benefits and dismiss the appeal.

Commissioners A. Thomas White and James Metro concur.