CASE NO. 1016 CRD-5-90-5Workers’ Compensation Commission
JUNE 10, 1991
The claimant was represented by Edward T. Dodd, Jr. Esq., and Paul Ranando, Esq.
The respondent was represented by Avery L. Brown, Esq., Assistant Attorney General.
This Petition for Review from the May 8, 1990 Memorandum of the Commissioner for the Fifth District was heard December 14, 1990 before a Compensation, Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Gerald Kolinsky and Angelo dos Santos.
OPINION
ARCUDI, CHAIRMAN.
Claimant appeals the Fifth, District denial of his Motion to Preclude defenses. The commissioner below concluded respondent’s Form 43 — Notice of Disclaimer of Liability was sufficiently specific to comply with Sec. 31-297 (b) and therefore the Motion to Preclude would not lie. See Menzies v. Fisher, 165 Conn. 338 (1973).
Respondent’s Form 43 stated: “Respondents contend that claimants currect (sic) complaints of left knee injury did not arise out of or in the course of his employment with Southbury Training School.” The trial commissioner relied on the holding in Tovish v. Gerber Electronics 19 Conn. App. 273 (1989). There a disclaimer stating the grounds of contest as “[I]njury (heart attack) did not arise out of or if, the course and scope of employment, was held as sufficiently specific under Sec. 31-297 (b) and Menzies, supra. We agree the Tovish disclaimer language is sufficiently analogous to that employed here, and as is controlling, this disclaimer was sufficiently specific.
We therefore affirm the trial commissioner’s May 8, 1990 Memorandum denying the claimant’s Motion to Preclude and dismiss the appeal.
Commissioners Gerald Kolinsky and Angelo dos Santos concur.