CASE NO. 783 CRD-3-88-10Workers’ Compensation Commission
FEBRUARY 21, 1990
The claimant was represented by Lindalea P. Ludwick, Esq., Sklarz Early, P.C.
The respondents were not represented at the trial level. The respondents were represented on appeal by Thomas J. Joyce, Esq., Murtha, Cullina, Richter Pinney. Both parties agreed to waive oral argument and let the matter be decided on the basis of papers submitted.
This Petition for Review from the October 12, 1988 Finding and Award of the Commissioner for the Eighth District acting for the Third District was decided on the basis of papers submitted for the October 27, 1989 appellate hearing before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and Andrew P. Denuzze.
OPINION
JOHN ARCUDI, Chairman.
Respondents seek to have this commission pass on the constitutionally of Sec. 284b, C.G.S.
That section hold’s that employers must provide equivalent accident and health insurance or life insurance to employees receiving workers’ compensation benefits. In Lustig v. C.N. Flagg Co., 658 CRD-1-87 (7/25/89) we addressed that question. We held that we were not a court with plenary judicial powers and declined to consider a statute’s constitutionality.
The same question is now before the U.S. Court of Appeals Second Circuit in R.R. Donnelly Sons Co. v. Prevost No. 89-7487 (2nd Cir.) and O G Industries Inc. v. Arcudi, No. 89-7481 (2nd Cir.). Both cases raise the issue of the constitutional validity of Sec. 31-284b in view of the claimed preemption by 29 U.S.C. § 1144, the Federal Employees Retirement Income Security Act (ERISA). The U.S. District Court has held the Connecticut Statute constitutional.
We dismiss the Respondents’ appeal as we did in Lustig.
Commissioners Robin Waller and Andrew P. Denuzze concur.