CASE NO. 1352 CRD-2-91-11Workers’ Compensation Commission
DECEMBER 23, 1993
The claimant was represented by Robert M. Cheverie, Esq., Robert M. Cheverie and Assoc., P.C., who neither filed a brief nor appeared at oral argument.
C.N. Flagg and Hartford Insurance Group were represented by Lucas Strunk, Esq., Pomeranz, Drayton and Stabnick, who neither filed a brief nor appeared at oral argument.
Industrial Sheet Metal Company and Aetna Casualty Surety were represented by William Blake, Esq., Gager and Narcus, who neither filed a brief nor appeared at oral argument.
ACMAT and Travelers were represented by Christine L. Harrigan, Esq., Law Offices of Robert S. Cullen, who neither filed a brief nor appeared at oral argument.
ACMAT and Aetna Casualty and Surety were represented by Lucas Strunk, Esq., Pomeranz, Drayton and Stabnick, who neither filed a brief nor appeared at oral argument.
McKeon Co. and Travelers were represented by Christine L. Harrigan, Esq., Law Offices of Robert S. Cullen, who neither filed a brief nor appeared at oral argument.
Aetna Sampson and Liberty Mutual were represented by Howard B. Field, III, Esq., Law Offices of Rosenbaum Brennan, who neither filed a brief nor appeared at oral argument.
Aetna Sampson and Reliance and Planet Insurance Companies were represented by Richard S. Bartlett, Esq., McGann, Bartlett and Brown.
Connecticut Sheet Metal and Royal Insurance Company were represented by Thomas Cotter, Esq., Cotter, Cotter and Sohon, who neither filed a brief nor appeared at oral argument.
Industrial Sheet Metal and Aetna Casualty and Surety were represented by William Blake, Esq., Gager and Narcus, who neither filed a brief nor appeared at oral argument.
Wesson Heating and Air Conditioning and Fireman’s Fund Insurance Company were represented by Richard S. Bartlett, Esq., McGann, Bartlett and Brown.
H.R. Hillery Company and American National Fire Insurance were represented by Diane Duhamel, Esq., Trowbridge, Ide, Mansfield and Schoolcraft, who neither filed a brief nor appeared at oral argument.
John F. Motto and U.S.F. G. were represented by Beverly Johns, Esq., O’Connell, Flaherty and Attmore, who neither filed a brief nor appeared at oral argument.
The Second Injury Fund was represented by Brewster Blackall, Esq., Assistant Attorney General, who neither filed a brief nor appeared at oral argument.
ACMAT and Hartford Insurance Group were represented by William Blake, Esq., Gager and Narcus, who neither filed a brief nor appeared at oral argument.
American Sheet Metal Works and Guaranty Fund on behalf of American Mutual Insurance Company were represented by David Kelly, Esq., Montstream and May, who appeared at oral argument but did not file a brief.
Fishman and Sons, Inc. and Guaranty Fund on behalf of American Mutual Insurance Company were represented by David Kelly, Esq., Montstream and May, who appeared at oral argument but did not file a brief.
Capitol Ventilating Co. and Aetna Casualty and Surety were represented by William Blake, Esq., Gager and Narcus, who neither filed a brief nor appeared at oral argument.
M. J. Daly and Sons and Hartford Insurance Group were represented by Lucas Strunk, Esq., Pomeranz, Drayton and Stabnick, who neither filed a brief nor appeared at oral argument.
Bristol Sheet Metal Company and Premier Insurance Company made default of appearance.
Shaw Metal Fabricators and Greater New York Insurance were represented by James F. Aspell, Esq., Furniss, Quinn and O’Brien, who neither filed a brief nor appeared at oral argument.
M. J. Daly and Sons and Kemper Group on behalf of American Manufacturers Insurance were represented by Patrice Noah, Esq., Law Offices of Michael Brodinsky.
This Petition for Review from the November 6, 1991 Finding and Award of the Commissioner for the Second District was heard November 20, 1992 before a Compensation Review Board panel consisting of the Commissioners John A. Arcudi, Frank J. Verrilli and George Waldron.
OPINION
JOHN A. ARCUDI, COMMISSIONER.
Originally, some seven or eight employers were involved in this appeal from findings of work-related exposure to asbestos.[1] Wesson Heating and Air Conditioning (Wesson), its insurer, Fireman’s Fund Insurance Company, and Aetna Sampson Corporation (Sampson) and Planet Insurance Company, its insurer, are the only two remaining appellants. The Second District found fourteen employers and their insurers liable for claimant’s occupational disease. The claim of both remaining insurers is that they were not the insurers of record when the asbestos exposure occurred.
Between 1963 and 1984 claimant worked as a sheet metal worker for many construction companies, where he was exposed to asbestos, including Wesson and Sampson. This exposure was a substantial contributing factor to his lung cancer.
In his November 6, 1991 Finding and Award and his November 23, 1991 ruling on the Motion to Correct, the commissioner found claimant worked for Wesson in 1978, 1979 and 1980. He was exposed to asbestos in 1978 and 1979, not in 1980 insofar as the testimony showed. Fireman’s Fund insured Wesson from April 1, 1980 through April 1, 1981. As there was no asbestos occupational exposure shown during this 1980-81 period, then the award against Fireman’s Fund must be vacated. O’Connell v. Indian Neck General Store, 6 Conn. Workers’ Comp. Rev. Op. 42, 530 CRD-3-86 (1988).
Sampson’s insurer from July 1, 1968 through July 1, 1969, Planet, asserts a similar claim. Social Security records in evidence showed claimant worked for Sampson during the last three quarters of 1968, April 1 through December 31. Claimant testified he was exposed to asbestos for two months of his Sampson employment. He did not testify that those two months fell only in the April through June period before Planet’s coverage began. He was a Sampson employee in 1968 both before and after July 1 of that year. The record therefore supports the commissioner’s finding.
Planet’s appeal is denied; that of Fireman’s Fund is sustained and the award against that insurer is vacated.
Commissioners Frank J. Verrilli and George A. Waldron concur.