CASE NO. 471 CRD-5-86Workers’ Compensation Commission
APRIL 6, 1988
The claimant was represented by William Zeman, Esq.
The respondents were represented by Ralph Russo, Esq.
This Petition for Review from the March 17, 1986 decision and March 25, 1986 amended decision of the Commissioner for the Fifth District denying a Motion to Preclude was heard October 31. 1986 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and Michael S. Sherman.
OPINION
JOHN ARCUDI, Chairman.
On or about March 22, 1978 Claimant sustained an injury to both her eyes as a result of a work-related accident concluded to be compensable by the Respondents. She filed a notice of claim July 26, 1984. The Respondent failed to file a timely notice to contest liability. Claimant, thereafter, filed a Motion to Preclude. The Fifth District denied the Motion in a decision March 17, 1986 and amended decision March 25, 1986. Claimant has appealed the denial.
She argues that because no voluntary agreement had been issued by the respondents, they should be precluded not only from contesting liability but also contesting the extent of disability. Respondents contend where compensation is not contested, it is not necessary to file a notice to contest liability and therefore it is not now precluded from contesting the extent of disability.
Adzima v. UAC/Norden Division, 177 Conn. 107 (1979) controls. In Adzima, a dependent widow sought additional benefits due the decedent for the 25% loss of use of his back. The Adzima employer had not contested initial compensability of the injury. Preclusion therefore did not apply as the Sec. Sec. 31-297 (b), C.G.S. presumption of liability was not triggered absent a contest over initial liability. Id. at 114.
Claimant contends that in Adzima the insurer forwarded to the decedent a Voluntary Agreement and that fact serves to distinguish Adzima from the instant matter. We do not agree. We think the ratio decidendi of Adzima is not so narrowly focused.
We, therefore, affirm the Commissioner of the Fifth District’s denial of the Motion to Preclude.
Commissioners Robin Waller and Michael S. Sherman concur.