CASE NO. 336 CRD-4-84Workers’ Compensation Commission
DECEMBER 23, 1986
The claimant was represented by John M. Creane, Esq.
The respondents were represented by Kevin J. Maher, Esq.
This Petition for Review from the July 3, 1984 Finding and Award of the Commission Chairman, Acting for the Fourth District, was heard on March 29, 1985 by a Compensation Review Division panel consisting of Commissioners Gerald Kolinsky, A. Paul Berte and Robin Waller.
FINDING AND AWARD
1-16. Paragraphs 1 through 16, inclusive, of the trial Commissioner’s Finding and Award are made paragraphs 1 through 6, inclusive, of this Division’s Finding and Award.
Paragraphs A through E of the trial Commissioner’s Order and Award of benefits is made paragraphs A through E of this Divisions Finding and Award.
OPINION
GERALD KOLINSKY, Commissioner.
The trial Commissioner found that the claimant sustained a back injury on January 24, 1976, which arose out of and in the course of his employment, for which injury he sought medical attention, and had spinal surgery performed on October 10, 1976. On July 6, 1977, the claimant, through his attorney, mailed a written notice of claim to the employer via certified mail, which notice was received by the employer on July 8, 1977. On August 26, 1977, the Office of the Fourth District Compensation Commissioner received a Form 43, “Notice to Compensation Commissioner and Employee of Intention to Contest Liability to Pay Compensation.” On March 8, 1978, the claimant filed a motion to preclude defenses by the respondents claiming that no disclaimer had been filed within twenty days after receipt of claimant’s written notice of claim. From the trial Commissioner’s granting of said Motion to Preclude and the Award of Benefits, the respondents have appealed, contending that since the claimant failed to file his claim for benefits within one year from the date of injury, as required by Section 31-294, C.G.S., such failure constitutes a jurisdictional defect or bar to further proceedings by the claimant, thereby nullifying the respondents’ obligations under Section 31-297(b) C.G.S., to disclaim within twenty days after receipt of written notice.
We are of the opinion that this issue has been laid to rest in Connecticut based upon the recent decision in LaVogue v. Cincinnati, Inc., 9 Conn. App. 91 (1986), cert. denied 201 Conn. 814 (1986), which cited with approval the earlier decision of Bush v. Quality Bakers of America, 2 Conn. App. 363, 372-74, 479 A.2d 820, cert. denied 194 Conn. 804, 482 A.2d 709.
Although factually different, we hold that the ratio decidendi in both LaVogue and Bush, supra, are applicable to the case here in issue. Simply put, whenever a claimant gives notice of claim for compensation pursuant to Section 31-294, C.G.S., an employer is obliged to respond thereto within twenty days, as mandated by Section 31-297(b), C.G.S., if the employer wishes to contest said claim, otherwise the employer shall be conclusively presumed to have accepted said claim, and may not thereafter contest the claim on any grounds, including a defense of lack of jurisdiction.
Commissioners A. Paul Berte and Robin Waller concur.