CASE NO. 518 CRD-5-86Workers’ Compensation Commission
APRIL 8, 1988
The claimant was represented by Edward T. Dodd Jr., Esq., and Ross Lessack, Esq.
The respondents were represented by Thomas G. Parisot, Esq., Secor, Cassidy McPartland, P.C.
This Petition for Review from the September 26, 1986 Memorandum and Ruling of the Commissioner at Large acting for the Fifth District was heard February 26, 1988 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and Gerald Kolinsky.
OPINION
JOHN ARCUDI, Chairman.
At issue in this appeal is whether the trial Commissioner erred in granting Claimant’s Motion to Preclude. Respondent’s Form 43, Notice of Intent to Contest Liability, denied the claim with these words, “Employee did not sustain accidental injury as defined by the Workers’ Compensation Act. We deny the injury, and disability, and causal relation”.
The Commissioner at Large was correct in granting the claimant’s Motion to Preclude. The language of the disclaimer employed by the respondent is basically a general denial and therefore subject to the holding of Menzies v. Fisher, 165 Conn. 338 (1973).
Commissioners Robin Waller and Gerald Kolinsky concur.