CASE NO. 869 CRD-2-89-5Workers’ Compensation Commission
SEPTEMBER 27, 1990
The claimant was represented by Mark W. Oberlatz, Esq., O’Brien, Shafner, Bartinik, Stuart Kelly, P.C.
The respondent was represented by Linda Larson Clark, Esq., Electric Boat-Dept.
This Petition for Review from the May 22, 1989 Finding and Award of the Commissioner for the Second District was heard April 27, 1990 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners A. Thomas White, Jr. and James Metro.
OPINION
JOHN ARCUDI, CHAIRMAN.
Claimant sustained a compensable right leg injury May 11, 1987. It was stipulated by the parties that claimant was a recipient of federal Longshore Harbor Workers’ Compensation Act benefits. Respondent-employer paid claimant’s group health insurance premium until October 22, 1988 when it ceased to make those payments.
The trial commissioner found that claimant was “receiving compensation benefits,” and was therefore eligible for payment of his health insurance premiums pursuant to Sec. 31-284b.
The issues are the same as those considered in Griffin v. Electric Boat Division, 868 CRD-2-89-5 (Sept. ___, 1990). The only factual difference is that the claimant here was actually receiving U.S. Longshore Harbor Workers’ Compensation Act benefits at the time of the formal hearing. In this instance, the claimant need only show that he was eligible to receive payments under our Workers’ Compensation Act, and a finding to that effect must be entered before an order for payment of Sec. 31-284b
benefits may lie.
We, therefore, remand the instant matter to the Second District for a determination that claimant is or is not eligible to receive benefits under Connecticut’s law.
Commissioners A. Thomas White and James Metro concur.