Opinion
CASE NO. 345 CRD-1-84
MARCH 24, 1988
The claimant was represented at the trial level by Phyllis P. Ryan, Esq.
Respondents employer and insurer were represented by Brian Prindle, Esq.
The Second Injury Fund was represented by Morton Greenblatt, Esq., Assistant Attorney General.
This Petition for Review from the September 17, 1984 Finding and Award of the Commissioner At Large acting for the First District was heard May 30, 1986 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Andrew P. Denuzze and Michael S. Sherman.
FINDING AND AWARD
The First District Finding and Award of September 17, 1984 is hereby affirmed and adopted as the Finding and Award this division.
OPINION
Claimant's February 1, 1978 Waiver on Account of Physical Defect stated the following physical defects: "Left knee: total knee replacement with resultant scar over anterior left thigh and knee". On December 14, 1979 Claimant slipped on ice and fell in the respondent-employer's parking lot. A Voluntary Agreement was approved on April 26, 1982 for the December 14, 1979 injury.
The First District September 17, 1984 Finding and Award ordered the Second Injury and Compensation Assurance Fund to assume liability for the December 14, 1979 injury. On the Second Injury Fund's appeal the issue is whether the injury sustained by the claimant was attributable in a material degree to the defect(s) alleged in his February 1, 1978 Waiver on Account of Physical Defect.
Respondent Fund argues that the waived defect must be a causative factor in the subsequent accident before liability may be assessed against the Second Injury Fund, Sec. 31-325. C.G.S. This issue was recently addressed by this Division's opinion in Shea v. Cly-Del Manufacturing Co., 390 CRD-5-85, 4 Workers' Comp. Rev. Op. 37 (March 19, 1987). Shea held the acknowledged defect need not be "the causal nexus between the accident and the bodily injury". As the finding below was consistent with Shea, it was not erroneous.
We, therefore, affirm the September 17, 1984 Finding and Award.
Commissioners Andrew P. Denuzze and Michael S. Sherman concur.