CASE NO. 343 CRD-7-84Workers’ Compensation Commission
MARCH 9, 1988
The claimant was represented at the trial level by Fernando F. deArango, Esq.
The respondents were represented by John J. Keefe, Esq., Lynch, Traub, Keefe and Errante.
This Petition for Review from the August 7, 1984 Finding and Dismissal of the Commissioner for the Seventh District was heard April 4, 1986 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and Andrew P. Denuzze.
FINDING AND AWARD
1-3. Paragraphs 1-3 of the Seventh District’s August 7, 1984 Finding and Award are adopted as paragraphs 1-3 of this Division’s Finding and Award.
4. An unidentified fellow employee caused an ambulance to be called to transport the claimant to Norwalk Hospital where he was examined and advised to see his own physician. Thereafter the claimant was treated for a back problem by various doctors, and was out of work for about eight months.
5-17. Paragraphs 5-17 of the Seventh District’s Finding and Award are adopted as paragraphs 5-17 of this Division’s Finding and Award.
OPINION
JOHN ARCUDI, Chairman.
Claimant was a tractor-trailer driver and freight loader. Fifteen minutes after the start of work January 11, 1979 he experienced a sharp pain in his back causing him to fall to the ground. Some fellow employee summoned an ambulance which transported Claimant to the hospital. He was thereafter treated by his own physician for a back problem. Claimant was out of work for about eight (8) months.
On March 6, 1980 the claimant filed a Form 30C, Notice of Claim for Compensation at the office of the Workers’ Compensation Commissioner. Administrative notice was taken of Respondents’ Form 43, Notice of Intention to Contest Liability to Pay Compensation, filed April 1, 1980. Additionally, the Commissioner found Claimant’s medical bills and six months disability benefits were paid by his union group insurance plan.
Claimant’s appeal is from the Seventh District Commissioner’s August 7, 1984 Dismissal of Claim because of failure to give written notice within one year and because the medical care exemption of Sec. 31-294, C.G.S. was not satisfied.
Our examination of the record confirms that a written notice of claim in fact was not filed until fourteen months after the injury and was therefore not in compliance with Sec. 31-294. But Claimant argues the calling for the ambulance constitutes furnishing medical care. Kulis v. Moll, 172 Conn. 104
(1976) indicates otherwise. And the situation here presented more closely resembles Kulis v. Moll rather than Gesmundo v. Bush, 133 Conn. 607 (1947) This claimant did not have an instantly recognizable work-related injury such as a wound or broken bone. Instead, he complained of internal pain within fifteen minutes after the start of the work shift. The worker or his employer could not then know that the internal pain was a symptom of a work injury. Moreover, despite the Commissioner’s Finding (paragraph 4) that “The employer called an ambulance”, the actual evidence in the record is as follows:
“A. I don’t know what happened after that. I was almost passed out from the pain. So somebody — — one of the drivers ran inside and told them to call an ambulance.” (TR. 16)
We have therefore modified paragraph 4 of the Finding to reflect the actual testimony.
Claimant argues further that medical expenses through the union administered group insurance plan constituted furnishing medical care. Clapp v. Waterbury Iron Works, Inc., 38 Conn. Sup. 648 (1983) is contra. There, it was held that even if union trustees acted as agents of the employer in administering an employer-financed plan, the connection between the union and the employer was too remote for a finding that the plan’s payments constituted employer’s furnishing medical care.
We, therefore, affirm the Commissioner below.
Commissioners Robin Waller and Andrew P. Denuzze concur.