CASE NO. 400 CRD-1-85Workers’ Compensation Commission
APRIL 6, 1988
The claimant was represented by Otto P. Witt, Esq. and Leon Rosenblatt, Esq., Clayman, Markowitz Litman.
The respondents were represented by Michael O’Sullivan, Esq. and Lucas Strunk, Esq., Pomeranz, Drayton Stabnick.
This Petition for Review from the March 18, 1985 Finding and Award of the Commissioner at Large acting for the First District was heard October 31, 1986 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners A. Paul Berte and Rhoda Loeb.
OPINION
JOHN ARCUDI, Chairman.
Claimant’s appeal concerns an employment status embracing duties in various states. The trial Commissioner ruled March 18, 1985 that there was no Connecticut contract of employment and dismissed the claim. However, a recent ruling by this Division, Austin v. Roy Brothers, Inc., 342 CRD-6-84 (December 19, 1987), dismissed on other grounds, No. 13309 (Conn. Supreme Court, decided February 2, 1988) following Chief Justice Peters’ 1986 Opinion, O’Connor v. O’Connor, 201 Conn. 632 (1986), has held that the total employment relationship must be considered in such conflict of laws situations not just the place of the making of the contract.
Therefore, we remand to the First District to examine all facets of the employment relation in order to determine whether there is jurisdiction under the Connecticut Workers’ Compensation Law. See 4 Larson, Workmen’s Comp. Law, Sec. 87.40.
The appeal is sustained and the matter is remanded to the First District for further proceedings consistent with this opinion.
Commissioners A. Paul Berte and Rhoda Loeb concur.