KOGUT v. J C BUILDING RENOVATION CO., 3484 CRB-7-96-12 (10-14-1997)

JOZEF KOGUT, CLAIMANT-APPELLEE v. J C BUILDING RENOVATION CO., EMPLOYER, RESPONDENT-APPELLEE and ELITE CONTRACTING, INC., EMPLOYER, and ITT HARTFORD, INSURER, RESPONDENTS-APPELLANTS and SECOND INJURY FUND, RESPONDENT-APPELLEE

CASE NO. 3484 CRB-7-96-12 CLAIM NO. 700012984Workers’ Compensation Commission
OCTOBER 14, 1997

RULING ON MOTION FOR RECONSIDERATION

JESSE M. FRANKL, CHAIRMAN.

The respondent-appellee Second Injury Fund has filed a Motion for Reconsideration dated September 18, 1997. The Fund requests that this board reconsider its September 8, 1997 decision in Kogut v. J CBuilding Renovation Co., 3484 CRB-7-96-12. Specifically, it contends that a remand for further factual findings is unnecessary in this case. This is the same argument that the Fund raised in its brief and at oral argument.

We have considered the factual findings set forth by the Fund in its Motion for Reconsideration. Although relevant to the principal employer issue under § 31-291 C.G.S., we cannot say that they lead to a given legal conclusion with full certainty. It would be inappropriate for this board to make a finding that, as a matter of law, Elite Contracting was the claimant’s principal employer. The wiser course is to allow a trial commissioner to make such a finding on remand, as it is within the scope of his authority to draw inferences from the evidence and the subordinate factual findings. We thus confirm our decision of September 8, 1997, and deny the Fund’s Motion.

Commissioners James J. Metro and John A. Mastropietro concur.