Opinion
CASE NO. 1104 CRD-4-90-9
JANUARY 29, 1992
The claimant was represented by Joseph T. O'Connor, Esq., Epstein Fogarty.
The respondents were represented by Robert M. Brennan, Esq., and Debra S. Dee, Esq., of the Law Offices of Rosenbaum Brennan.
This Petition for Review from the August 24, 1990 Finding and Dismissal of the Commissioner for the Fourth District was heard August 16, 1991 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi and Commissioners Robin Waller and James Metro.
OPINION
Benefit rights of surviving dependent children are at issue in claimant's appeal from the Fourth District August 24, 1990 ruling. The facts were stipulated by the parties and incorporated in Paragraphs 1-14 of the commissioner's findings.
Claimant's decedent on September 22, 1976 sustained a fatal injury arising out of and in the course of his employment. At the time of his death he was married to the claimant and they had two children, Heather Elizabeth Post, born October 23, 1970 and William Rockwell Post, born October 6, 1971. The children were presumptive dependents under Sec. 32-306. On June 24, 1980 the commissioner for the Seventh District acting for the Fourth District ruled that the claimant widow was entitled to be paid benefits as the surviving dependent spouse. She became remarried June 30, 1981 to Thomas Milton Daily who also adopted her two minor children, Heather Elizabeth Post and William Rockwell Post. A supplemental ruling September 11, 1982 ordered that weekly compensation benefits continue to be paid to the claimant, not as dependent herself, but as the mother of the two dependent children.
On October 6, 1989 the Respondents filed a Form evincing their intention to discontinue payments since both the children had reached the age of eighteen. The issue is whether the law in effect on the date of the decedent's injury, Sec. 31-306(3) and (e), subsequently renumbered and changed, now Sec. 31-306(b)(5). or P.A. 80-284 effective October 1, 1980 applies. The 1980 enactment changed the section so that even after reaching eighteen dependent children would continue to receive benefits until twenty-two if they were full time students.
As both children are students and as the younger will not be twenty-two until October 6, 1993, if Public Act 80-284 is applicable, benefits would continue. Iacomacci v. Trumbull, 209 Conn. 219 (1988) is directly on point. Iacomacci affirmed and reviewed the long line of cases which hold that the rights and obligations in the case of 'accidental injury are "fixed and determined by the statute in force at the time of injury." Id. at 222, quoting Quilty v. Connecticut Co., 96 Conn. 124, 127 (1921). See, Iacomacci, supra at 223, citing Rossi v. Jackson Co. 120 Conn. 456, 460 (1935); Farmer v. Bieber-Goodman Corp., 118 Conn. 299 (1934); Panico v. Sperry Engineering Co., 113 Conn. 707, 709 (1931); Preveslin v. Derby Ansonia Developing Co., 112 Conn. 129, 142 (1930).
Public Act 80-284, Sec. 2 provided in pertinent part: "The following-described persons shall be conclusively presumed to be wholly dependent for support upon a deceased employee and are referred to hereinafter as presumptive dependents. . . (4) ANY UNMARRIED CHILD WHO HAS ATTAINED THE AGE OF EIGHTEEN BUT HAS NOT ATTAINED THE AGE OF TWENTY-TWO AND WHO IS A FULL-TIME STUDENT, UPON THE PARENT WITH WHOM HE IS LIVING OR FROM WHOM HE IS RECEIVING SUPPORT REGULARLY, PROVIDED THAT ANY SUCH CHILD WHO HAS ATTAINED THE AGE OF TWENTY-TWO WHILE A FULL-TIME STUDENT BUT HAS NOT COMPLETED THE REQUIREMENTS FOR, OR RECEIVED, A DEGREE FROM A POSTSECONDARY EDUCATIONAL INSTITUTION SHALL BE DEEMED NOT TO HAVE ATTAINED SUCH AGE UNTIL THE FIRST DAY OF THE FIRST MONTH FOLLOWING THE END OF THE QUARTER OR SEMESTER IN WHICH HE IS ENROLLED AT SUCH TIME, OR IF HE IS NOT ENROLLED IN A QUARTER OR SEMESTER SYSTEM, UNTIL THE FIRST DAY OF THE FIRST MONTH FOLLOWING THE COMPLETION OF THE COURSE IN WHICH HE IS ENROLLED OR UNTIL THE FIRST DAY OF THE THIRD MONTH BEGINNING AFTER SUCH TIME, WHICHEVER OCCURS FIRST.
In accordance with those authorities, the law governing the present matter is the law as it existed in 1976 at the time of the injury and not Sec. 31-306(b)(5) as it was changed by the 1980 amendment in P.A. 80-284.
We therefore affirm the Fourth District's August 24, 1990 Finding and Dismissal and dismiss the appeal.
Commissioners Robin Waller and James Metro concur.