WADDINGTON v. ELECTRIC BOAT DIV., GEN. DYNAMICS, 720 CRD-2-88-4 (3-27-89)


WILLIAM WADDINGTON, CLAIMANT-APPELLEE vs. ELECTRIC BOAT DIVISION OF GENERAL DYNAMICS, EMPLOYER, INA/AETNA INSURANCE COMPANY, AETNA CASUALTY SURETY COMPANY, INSURERS RESPONDENTS-APPELLANTS and NATIONAL EMPLOYERS COMPANY, INSURER and SECOND INJURY COMPENSATION ASSURANCE FUND, RESPONDENT

CASE NO. 720 CRD-2-88-4Workers’ Compensation Commission
MARCH 27, 1989

The claimant was represented by Mark Oberlatz, Esq., O’Brien, Shafner, Bartinik, Stuart Kelly, P.C.

The respondents INA/Aetna Insurance Co. and Aetna Casualty
Surety Co. were represented by Jason Dodge, Esq., and Lucas Strunk, Esq., Pomeranz, Drayton Stabnick. National Employers was represented by Peter Quay, Esq. However, no appearance by National Employers was made at either the trial level or on appeal.

The respondent-Second Injury Fund was represented by Diane Duhamel, Esq., Assistant Attorney General.

This Petition for Review from the June 22, 1988 Supplemental Finding and Award of the Commissioner for the Second District was heard September 16, 1988 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Andrew Denuzze and Frank Verrilli.

JOHN ARCUDI, CHAIRMAN.

At issue is whether the Second District erred in ordering the Second Injury Fund to pay Sec. 31-301(b) benefits in its June 22, 1988 ruling.[1] We are not here addressing respondents’ appeal from the original March 29 Finding and Award.

Annechiarico v. Friendly Ice Cream Co., 6 Conn. Workers’ Comp. Rev. Op. 18, 640 CRD-7-87 (1988) is on all fours and therefore dispositive. We find no error and affirm the Commissioner’s June 22 order against the Second Injury Fund.

[1] The Supplemental Finding and Award of Compensation Pursuant to Sec. 31-301(b) C.G.S. of June 22, 1988 was entered subsequent to the Second District Commissioner’s March 29, 1988 Finding and Award. The only issue considered in this appeal proceeding is whether the trial Commissioner erred as a matter of law in granting benefits under Sec. 31-301(b).