Opinion
CASE NO. 838 CRD-8-89-3
SEPTEMBER 21, 1990
The claimant was represented by Henry Szadkowski, Esq.
The respondents were represented by James Pomeranz, Esq., and Anne Kelly, Esq., Pomeranz, Drayton Stabnick.
This Petition for Review from the March 21, 1989 Finding and Dismissal of the Commissioner at Large acting for the Third District was heard March 30, 1990 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller, and George Waldron.
OPINION
Claimant sustained a compensable October 3, 1983 work injury. Chapter 568 benefits have been paid as follows; $4,427.28 for temporary total benefits and $6,875.75 for medical treatment. The injury also resulted in a third party tort liability claim against Bloom Brothers and Talmadge Brothers. Hartford Insurance Group insured the alleged third party tort feasors as well as the employer for its workers' compensation obligations. In 1985, Hartford settled the tort claims and paid claimant $35,000 as follows: a check for $27,920 payable to the claimant and his attorney, and a check payable to claimant's attorney individually in the amount of $204.25 with the balance of $7,080 forwarded by the insured to its Workers' Compensation section to reimburse it for Workers' Compensation payments made.
The commissioner below concluded he lacked jurisdiction to decide whether the respondent-insurer's deduction of $6,875.75 for Workers' Compensation payments was proper. We disagree with his interpretation of Sec. 31-293. He had jurisdiction and he should have ruled on the validity of the insurer's lien.
Latham v. Jim Joe General Contractors, 4 Conn. Workers' Comp. Rev. Op. 51, (1987) remanded on other grounds, 16 Conn. App. 138 (1988) considered this issue. There the Workers' Compensation insurance carrier this issue. There the Workers' Compensation insurance carrier sought reimbursement from a third party settlement between the employee and the third party tort feasor. No formal release had been executed between the tort feasor and the compensation insurer. The second district ruled it lacked jurisdiction to decide the matter. The Appellate Court in its review of our decision held that the Compensation Review Division correctly ruled that the trial commissioner had jurisdiction but also that the Division erred in deciding the merits of the case when they had not been adjudicated below. Latham supra at 140.
We therefore sustain the appeal and remand to the Eighth District for further proceedings consistent with his opinion.
Commissioners Robin Waller and George Waldron concur.