CASE NO. 1211 CRD-6-91-4Workers’ Compensation Commission
NOVEMBER 12, 1992
The claimant appeared pro se.
The respondents were represented by Robert Brennan, Esq., Law Offices of Rosenbaum Brennan.
This Petition for Review from the March 27, 1991 Finding and Dismissal of the Commissioner at Large acting for the Sixth District was heard March 13, 1992 before a Compensation Review Board panel consisting of the then Commission Chairman, John Arcudi and Commissioners Frank Verrilli and Donald H. Doyle.
OPINION
JOHN ARCUDI, COMMISSIONER.
Claimant’s appeal seeks reversal of the claim denial below. He sustained a compensable back injury April 20, 1989. Thereafter he was paid total disability benefits. As of December 1, 1989 he was held to have reached maximum medical improvement with a five percent (5%) permanent partial disability of the back. He received this Sec. 31-308(b) five percent (5%) back disability benefit for the twenty-six week period ending May 31, 1990. However, the respondent insurer inadvertently also paid some weeks of temporary total disability during the same period.
The commissioner ruled that he was not entitled to the concurrent payment of Sec. 31-307 temporary total benefits and Sec. 31-308 permanent partial benefits. The claimant argues that he was entitled to concurrent payment. That issue is the same question, of law decided in Paternostro v. Edward Coon Co., 217 Conn. 42 (1991). The Supreme Court there ruled that Sec. 31-307
benefits and Sec. 31-308 benefits could not be paid simultaneously. Paternostro reviewed legislative history and case law citing Olmstead v. Lamphier, 93 Conn. 20 (1918) and Panico v. Sperry Engineering Co., 113 Conn. 707 (1931). It concluded “that the rule against double compensation prohibits concurrent payment of specific indemnity benefits for permanent partial impairment under Sec. 31-308(b) and benefits for total incapacity under Sec. 31-307 as a result of the same incident”. Paternostro, supra at 49. Paternostro is therefore dispositive of this appeal.
We affirm the Sixth District denial of the claim and dismiss claimant’s appeal.
Commissioners Frank Verrilli and Donald H. Doyle concur.