CASE NO. 435 CRD-7-85Workers’ Compensation Commission
APRIL 26, 1988
Claimant was represented at the trial level by Robert S. Peeters, Esq. On appeal claimant appeared pro se. Mr. Frank Sinaguglia.
Respondent was represented by George Waldron, Esq. Murphy Beane.
This Petition for Review from the October 29, 1985 Finding and Dismissal of the Commissioner for the Seventh District was heard March 27, 1987 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Darius J. Spain and Frank J. Verrilli.
FINDING AND DISMISSAL
1-10. Paragraphs 1 through 10 of the trial commissioner’s Finding and Dismissal are made paragraphs 1 through 10 of this Division’s Finding and Dismissal.
11. On January 26, 1982, the claimant personally delivered a Standard Form for Employer’s First Report of Injury to the secretary for Deputy Chief Moriarty, who delivered said report to the Deputy Chief.
12-17. Paragraphs 12 through 17 of the trial commissioner’s Finding and Dismissal are made paragraphs 12 through 17 of this Division’s Finding and Dismissal.
WHEREFORE, IT IS ADJUDGED AND ORDERED THAT THE CLAIM IS DISMISSED.
OPINION
JOHN ARCUDI, Chairman.
Job related stress is the injury here claimed. Claimant, a Stamford police officer, has appealed the Seventh District Commissioner’s October 29, 1985 dismissal of claim. Several years after the 1976 start of employment claimant became involved in a dispute with superiors in the police department. As a result he was ordered in 1978 to undergo a period of retraining. Claimant felt the retraining order to be an unjustified harassment. He asked his labor organization to aid him in processing a grievance, but the Stamford Police Association refused as “there is a personality conflict between the four sergeants involved and yourself.”
Sometime in 1978 the claimant began seeing his personal physician, Dr. Lewis Karas, for an anxiety depression reaction related to his work situation. He was seen on that doctor’s referral by the Stamford Mental Health Clinic December 27, 1979. He then had four treatment sessions with Dr. Harry D. Orr, a psychiatrist. On September 8, 1981 he began treatment with Kermit R. Shulman, a licensed clinical psychologist. That treatment continued until the date of the seventh district hearing August 6, 1985.
Mr. Shulman’s diagnosis was that claimant’s anxiety reaction and tension were due to his union’s failure to aid in the grievance and to claimant’s inability to obtain understanding and sympathy from two police chiefs in the situation involving his daughter’s incurable illness. On January 26, 1982 claimant personally delivered an Employer’s First Report of Injury to the secretary for Deputy Chief Moriarty who then delivered it to the Deputy Chief. The paper contained no date, time or place of injury. Question 24 on the form requested how the injury occurred. The typewritten answer was, “Officer Sinaguglia feels that accusations by his superior officers are unjustified. He is determined to have his record cleared. The four year delay in resolving his case has resulted in severe physical and emotional stress.” Many of the rest of the answers on the form were handwritten. The City filed a disclaimer September 24, 1982 well beyond twenty days after January 26, 1982.
As the first manifestation of symptom was found to be in 1978, the trial commissioner concluded, even if the January 26, 1982 form were considered to be a 31-294 notice of claim, such notice was not timely filed. Dr. Karas’ report, respondent’s exhibit 1, supports the conclusion that 1978 was the date of first manifestation.
Therefore we need not examine whether an unsigned Employer’s First Report of Injury filed pursuant to 31-316 satisfies the employee’s obligation under 31-294 to file a written notice. Nor do we need to consider any 31-297 (b) argument that the employer did not file a contestment notice within twenty days, Pelletier vs. Caron Pipe Jacking, Inc., 13 Conn. App. 276 (1988) cert. denied(2/25/88). Similarly it is not necessary to inquire whether claimant’s symptoms constituted a work related accident, repetitive trauma, or occupational disease.
We affirm the Seventh District Commissioner’s Finding and Dismissal.
Commissioners Darius J. Spain and Frank J. Verrilli concur.