CASE NO. 492 CRD-3-86Workers’ Compensation Commission
JUNE 29, 1988
The claimant was represented by James M.S. Ullman, Esq.
The respondents were represented by Douglas L. Drayton, Esq., Pomeranz, Drayton Stabnick.
This Petition for Review from the June 6, 1986 Finding and Dismissal of the Commissioner of the Eighth District acting for the Third District was heard October 30, 1987 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Frank Verrilli and Michael S. Sherman.
FINDING AND DISMISSAL
The Third District Finding and Dismissal of June 6, 1986 is affirmed and adopted at the Finding and Dismissal of this Division.
OPINION
JOHN ARCUDI, Chairman.
Claimant sustained a compensable injury to the left ankle and knee on June 8, 1957. At the time of injury, the law provided no compensation for scarring on those parts of the body. In 1961, the Act was amended, Public Act 491 Sec. 31[1] , permitting awards for such scarring. Subsequent to its passage, Claimant underwent surgery related to the 1957 injury. The surgery produced the disfiguring scars for which he seeks an award.
The only issue on appeal is whether the disfigurement benefits provided by Sec. 31-308(d) could be provided retroactively. We agree with the trial Commissioner that they cannot. The law in force at the time of injury governs, Chieppo v. Robert E. McMichael, Inc., 169 Conn. 646 (1975). Absent a clear legislative intent, statutes affecting substantive rights are not to be given retroactive application, Waterbury Petroleum Products, Inc. v. Canaan Oil and Fuel Co., Inc., 193 Conn. 208 (1984). Here, the additional disfigurement benefits resulting from the 1961 amendment created substantive rights not existent at the time of Claimant’s injury. Sec. 55-3, C.G.S. does not permit retroactive application of a statute imposing a new obligation on any person or corporation, Iacomacci v. Town of Trumbull, 4 Conn. Workers’ Comp. Rev. Op. 126, 351 CRD-4-84 (1987); Munroe v. Dunham-Bush, Inc., 4 Conn. Workers’ Comp. Rev. Op. 123, 324 CRD-1-84 (1987).
We, therefore, affirm the trial Commissioner’s June 6, 1986 Finding and Dismissal.
Commissioners Frank Verrilli and Michael S. Sherman concur.