HOWARD BATCHELOR, CLAIMANT-APPELLEE, CROSS-APPELLANT v. E F CONSTRUCTION, EMPLOYER and LIBERTY MUTUAL INSURANCE, INSURER and AETNA LIFE CASUALTY, INSURER and CIGNA LIFE CASUALTY, INSURER and HARTFORD INSURANCE GROUP, INSURER, RESPONDENTS-APPELLANTS, CROSS-APPELLEES and CONNECTICUT INSURANCE GUARANTY FUND, RESPONDENT-APPELLEE and SECOND INJURY FUND, RESPONDENT-APPELLEE

CASE NO. 3469 CRB-8-96-11 CLAIM NO. 800010729Workers’ Compensation Commission
OCTOBER 14, 1997

The claimant was represented by Leonard Bren, Esq.

The employer and Liberty Mutual were represented by James Sullivan, Esq., and James Moran, Esq., Maher Williams.

The employer, Aetna, CIGNA, and the Hartford Insurance Group were represented by Margaret Corrigan, Esq. and Stephen Ekern, Esq., Pomeranz, Drayton Stabnick.

The Guaranty Fund Management Services was represented by Joseph Marrow, Esq., Hutchins, Wheeler Dittmar.

The employer, as self-insured, was represented by David Kelly, Esq., Montstream May.

The Second Injury Fund was represented by Michael Belzer, Esq.

This Petition for Review from the November 5, 1996 Finding and Award of the Commissioner acting for the Eighth District was heard August 15, 1997 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners James J. Metro and John A. Mastropietro.

OPINION

JESSE M. FRANKL, CHAIRMAN.

The employer and its insurers (“respondents”) along with the claimant have petitioned for review from the November 5, 1996 Finding and Award of the Commissioner acting for the Eighth District. The parties advised the Board that by agreement they request that the matter be remanded on the issue of the claimant’s benefit rate and the issue of apportionment under § 31-299b C.G.S.

Accordingly, this matter is remanded to a trial commissioner.

Commissioners James J. Metro and John A. Mastropietro concur.