Opinion
CASE NO. 539 CRD-8-86
SEPTEMBER 29, 1988
The claimant was represented by Brian T. Mahon, Esq. and David Chapman, Esq., Weigand, Mahon Adleman [Adelman].
The respondent-employer was represented by Joan C. Molloy, Esq., Loughlan, Noonan Henrici, P.C.
The respondent Second Injury Fund was represented by Morton Greenblatt, Esq. and Brewster Blackall, Esq., Assistant Attorneys General.
This Petition for Review from the December 19, 1986 Finding and Dismissal of the Commissioner for the Eighth District was heard March 25, 1988 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and A. Thomas White, Jr.
OPINION
Claimant sustained a compensable back injury May 8, 1981. She had suffered a prior back injury March 12, 1978 for which a Voluntary Agreement was approved July 6, 1982. Under Sec. 31-349, C.G.S. the Second Injury Fund became liable for compensation benefits after May 9, 1983 as the 104 week period of employer's liability expired May 8, 1983, and the Third District Commissioner so ordered May 23, 1984.
From May 8, 1981 until shortly after receipt of the May 23, 1984 Award, respondent-employer paid all health and welfare insurance premiums for the claimant. Claimant contended that under Sec. 31-284b, C.G.S. and Sec. 31-51h, C.G.S. respondent-employer was obligated to continue accident and health insurance, etc. At a formal hearing held December 3, 1985 the Third District Commissioner ordered the respondent-employer temporarily to reinstate claimant's health insurance.
Subsequently, the matter was transferred to the Eighth District. In proceedings there the respondent-employer sought reimbursement from the Second Injury Fund for health insurance benefits paid to the claimant subsequent to May 8, 1983. The Fund agreed that the respondent-employer was not obligated to continue insurance benefits under Sec. 31-51h as it existed at the time of injury or as subsequently amended and replaced by Public Acts 81-464 and 82-398. But the Fund does not agree it is obligated to reimburse the employer for such health insurance payments. The Eighth District Commissioner ruled December 19, 1986 that claimant was not entitled to benefits under either Sec. 31-51h or 31-284b and further that the Fund was not obligated to reimburse the respondent-employer for health insurance provided to claimant subsequent to May 8, 1983.
Claimant has appealed. The employer has not filed any Petition for Review. The only substantive issue we need decide is whether claimant was entitled to health insurance premium payments under either Sec. 31-51h as amended by Public Act 81-464 or Sec. 31-284b. P.A. 82-398 replacing Sec. 31-51h as amended was effective October 1, 1982 and became Sec. 31-284b. Both enactments took effect after the claimant's date of injury. Thus, claimant seeks retrospective application of either act.
We considered the appropriateness of retrospective application of Sec. 31-284b in Munroe v. Dunham-Bush, Inc., 4 Conn. Workers' Comp. Rev. Op. 123, 324 CRD-1-84 (1987). There we reviewed the history of Sec. 31-284b and traced its roots to the federal court's ruling that Sec. 31-51h was unconstitutional, Stone Webster Engineering Corp. v. Ilsley, 518 F. Sup. 1297 (D. Conn. 1981), aff'd, 690 F.2d 323 (1982), affirmed sub nom., Arcudi v. Stone Webster Engineering Corp., 463 U.S. 1220 (1983). Munroe held that Sec. 31-284b was not to be applied retrospectively.
We, therefore, affirm the Eighth District Commissioner's Finding and Dismissal.
Commissioners Robin Waller and A. Thomas White, Jr. concur.