Opinion
CASE NO. 623 CRD-7-87
JUNE 20, 1989
The claimant was represented by T. Steven Bliss, Esq.
The respondents were represented by Douglas L. Drayton, Esq., and Jason Dodge, Esq., Pomeranz, Drayton Stabnick.
This Petition for Review from the August 6, 1987 Finding of the Commissioner for the Seventh District was heard December 2, 1988 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Andrew Denuzze and Frank Verrilli.
OPINION
In the proceedings below the only issue was whether the employer who had properly intervened in a third party action by the employee under Sec. 31-293, C.G.S. may set off a future compensation liability against the net proceeds recovered by the employee in the third party action. The trial Commissioner answered the question affirmatively and we agree.
Sec. 31-293 provides, in part; If such employer and employee join as parties plaintiff in such action and any damages are recovered, such damages shall be so apportioned that the claim of the employer, as defined in this section, shall take precedence over that of the injured employee in the proceeds of such recovery, after the deduction of reasonable and necessary expenditures, including attorneys' fees, incurred by the employee in effecting such recovery. The rendition of a judgment in favor of the employee or the employer against such party shall not terminate the employer's obligation to make further compensation, including medical expenses, which the compensation commissioner thereafter deems payable to such injured employee. If the damages, after deducting the employee's expenses as provided above, are more than sufficient to reimburse him for his claim, and the excess shall be assessed in favor of the injured employee. No compromise with such third person by either employer or employee shall be binding upon or affect the rights of the other, unless assented to by him. For the purposes of this section the employer's claim shall consist of (1) the amount of any compensation which he has paid on account of the injury which is the subject of the suit and (2) an amount equal to the present worth of any probable future payments which he has by award become obligated to pay on account of such injury. The word "compensation", as used in this section, shall be construed to include not only incapacity payments to an injured employee and payments to the dependents of a deceased employee, but also sums paid out for surgical, medical and hospital services to an injured employee, the one-thousand-dollar burial fee provided by law and payments made under the provisions of sections 31-312 and 31-313.
Sec. 31-293 controls. This statute was reviewed in Love v. J.P. Stevens Co., Inc., 378 CRD-7-85 (decided November 10, 1988) appeal docketed No. A.C. 7588 (Conn.App.Ct. November 29, 1988). There we held that the respondents were entitled to reimbursement for compensation benefits and a credit for future workers' compensation payments. Love is therefore dispositive of this appeal.
We, therefore, affirm the Seventh District Commissioner's August 8, 1987 Finding and Award.
Commissioners Andrew Denuzze and Frank Verrilli concur.