CASE NO. 964 CRD-5-89-12Workers’ Compensation Commission
MAY 16, 1991
The claimant was represented by Edward T. Dodd, Jr. Esq.
The respondents were represented by Amado J. Vargas, Esq., Law Offices of Robert S. Cullen.
This Petition for Review from the December 13, 1989 Memorandum of the Commissioner for the Fifth District was heard November 30, 1990 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Frank Verrilli and Donald Doyle.
OPINION
JOHN ARCUDI, CHAIRMAN.
Respondents’ appeal contests the ruling below granting claimant’s Motion to Preclude under Sec. 31-297 (b). The trial commissioner held respondents’ Form-43, Disclaimer of Liability, was not sufficiently specific to comply with Sec. 31-297 (b) and Menzies v. Fisher, 165 Conn. 338 (1973).
The respondents’ Form 43 stated the following grounds for its contest of liability:
“Respondents contend that employee’s exposure of dermatitis did not arise out of and in the course of his employment at Mattatuck Manufacturing Corporation, and cannot be causally traced to such employment as per Connecticut General Statute Section 31-275 (12).
Respondents further contend there is a lack of medical evidence causally relating dermatitis to employment as well as supporting on going disability.”
The respondents citing Tovish v. Gerber Electronics, 19 Conn. App. 273 (1989) contend their Disclaimer was sufficiently specific. We agree. As noted Tovish held that a disclaimer of liability which provided as the grounds for contest, “[I]njury (heart attack) did not arise out of or in the course and scope of employment,” was sufficiently specific under Sec. 31-297 (b) and Menzies, supra. Using that standard clearly supports a conclusion that the Disclaimer here satisfied the necessary statutory prerequisites.
We therefore reverse the commissioner and deny claimant’s Motion to Preclude.
Commissioners Frank Verrilli and Donald Doyle concur.