Opinion
CASE NO. 419 CRD-6-85
NOVEMBER 9, 1987
The claimant was represented by Donald H. Clark, Esq.
The respondents were represented by John White, Esq., Law Office of Brian E. Prindle.
This Petition for Review from the July 31, 1985 Finding and Award of the Commissioner At Large acting for the Sixth District was heard May 30, 1986 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Rhoda Loeb and A. Thomas White, Jr.
FINDING AND AWARD
The July 31, 1985 Finding and Award of the Commissioner at Large is affirmed and adopted as the Finding and Award of this Division.
OPINION
A Voluntary Agreement approved December 16, 1982 established the compensability of claimant's November 13, 1982 injuries. Temporary total benefits were paid until June 7, 1984. Said temporary total payments through June 7, 1984 included a 1983 Cost of Living Adjustment of $19. After June 7, 1984 respondents paid benefits only at the base compensation rate of $273.21.
The treating physician, Dr. Arthur Driscoll, found maximum improvement as of May 15, 1984 and rated claimant as having 15% impairment of his left upper extremity. Respondents filed a Form 36 seeking to discontinue benefits under Sec. 31-296, but no action was ever taken on it. The Commissioner at Large ruled July 31, 1985 that in the absence of an approved Form 36 benefits at the temporary total rate should be continued until December 4, 1984.
Respondents argue on appeal that there was error at the trial level as no action was taken on the Form 36's submitted by the respondents. Such district action would have facilitated the matter before us. But that is not the decisive issue. Both Form 36's seemed deficient as neither stated when payments should be discontinued. However, even absent a finding as to that insufficiency, respondents cannot discontinue payment of temporary total benefits to the claimant without a Commissioner's approval.
Section 31-296 C.G.S. provides, in part, "Before discontinuing payment on account of total or partial incapacity under any such agreement, the employer, if it is claimed by or on behalf of the injured person that his incapacity still continues, shall notify the commissioner and the employee of the proposed discontinuance and the reason therefor, and such discontinuance shall not become effective unless specifically approved in writing by the commissioner . . . ." (emphasis added). Hence, a condition precedent to the discontinuance of payments is a valid approved Form 36, Platt v. UTC/Pratt Whitney Aircraft Div., 3 Conn. Workers' Comp. Rev. Op. 3, 164 CRD-6-82 (1985).
We, therefore, affirm the July 31, 1985 Finding and Award.
Commissioners Rhoda Loeb and A. Thomas White, Jr. concur.