MAUREEN C. TOVISH, Depen. Widow and STEPHEN RICHARD TOVISH, RICHARD MICHAEL TOVISH and MICHAEL ROBERT TOVISH, Depen. Minor Children of RICHARD TOVISH (Deceased), CLAIMANTS-APPELLEES vs. GERBER ELECTRONICS, EMPLOYER and HOME INSURANCE COMPANY, INSURER, RESPONDENTS-APPELLANTS

CASE NO. 617 CRD-4-87Workers’ Compensation Commission
AUGUST 2, 1988

The claimants were represented by Gerard S. Spiegel, Esq.

The respondents were represented by Kevin J. Maher, Esq. and Scott Wilson Williams, Esq.

This Petition for Review from the July 24, 1987 Ruling on a Motion to Preclude of the Commissioner for the Fourth District was heard January 22, 1988 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and Andrew Denuzze.

OPINION

JOHN ARCUDI, Chairman.

Claimants, dependent spouse and minor children of the decedent Richard Tovish, prevailed below when the Fourth District Commissioner’s July 24, 1987 Ruling granted their Motion to Preclude. On appeal respondents argue that their Sec. 31-297(b), C.G.S. disclaimer was sufficiently specific.

The Form 43 disclaimer declared as grounds for contesting liability, “Injury (heart attack) did not arise out of or in the course and scope of employment”. We agree with the Fourth District that the language of the disclaimer failed to provide claimants with the specific grounds of contest as required by the holding in Menzies v. Fisher, 165 Conn. 338 (1973). See also, Wilcox v. Borough of Naugatuck, 518 CRD-5-86 (decided April 8, 1988), appeal filed, No. A.C. 6977 (App.Ct. April 21, 1988).

The trial Commissioner’s ruling granting the claimants’ Motion to Preclude is affirmed and the appeal is dismissed.

Commissioners Robin Waller and Andrew Denuzze concur.

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