519 A.2d 622
(5042)Appellate Court of Connecticut
DUPONT, C. J., BORDEN and SPALLONE, Js.
Submitted on briefs December 5, 1986 —
Decision released January 6, 1987
Appeal from the decision of the workers’ compensation commissioner for the second district, brought to the compensation review division; judgment affirming the commissioner’s decision, from which the defendant appealed to this court. No error.
Joseph L Lieberman, attorney general, Robert E. Walsh, Robert W. Murphy and Robert L. Festa, assistant attorneys general, filed a brief for the appellant (state).
David J. Morrissey filed a brief for the appellee (plaintiff).
The primary issue of this appeal is whether the workers’ compensation review board was correct in affirming the decision of the compensation commissioner granting the plaintiff’s motion to preclude defenses. The plaintiff is the wife of a deceased employee of the defendant. The commissioner found that the plaintiff had given proper notice of her claim pursuant to General Statutes 31-294. Although the defendant claims that the notice given by the plaintiff was insufficient, a review of the documents and the letters sent by the plaintiff to the defendant and the
commissioner indicates that adequate statutory notice was given. The defendant failed to file a notice to contest the claim of the plaintiff within twenty days as required by General Statutes 31-297(b) The defendant has appealed from the decision of the board.
Since the defendant did not comply with General Statutes 31-297(b), compensability of the claim was conceded. LaVogue v. Cincinnati, Inc., 9 Conn. App. 91, 93, 516 A.2d (1986); 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 (1984). The plaintiff’s motion to preclude defenses was, therefore, properly granted.
There is no error.