From Casetext: Smarter Legal Research

Hummel v. Marten Transport, No

CONNECTICUT COMPENSATION REVIEW BOARDCONNECTICUT WORKERS' COMPENSATION COMMISSION
Apr 27, 2007
5080 CRB 5 (Conn. Work Comp. 2007)

Opinion

CASE NO. 5080 CRB-5-06-4CLAIM NO. 500115207

APRIL 27, 2007


OPINION


ERRATA SHEET

Please replace pages two and three of the Compensation Review Board's Opinion dated April 19, 2007 in the above-name matter with the attached page two and three.

John A. Mastropietro, Chairman Compensation Review Board Workers' Compensation Commission

This matter has been before this board on two other occasions. SeeHummel v. Marten Transport, Ltd., 4667 CRB-5-03-5 (May 3, 2004), appeal dismissed for lack of final judgment, 90 Conn. App. 9 (2005), cert. granted, 275 Conn. 913 (2005) [hereafter Hummel v. Marten Transport, Ltd., 4667 CRB-5-03-5 (May 3, 2004) referred to asHummel I]; Hummel v. Marten Transport, Ltd., 4760 CRB-5-03-12 (November 19, 2004) [hereafter Hummel II].

A summary of the pertinent facts and prior proceedings is as follows. The claimant is the dependent spouse of the decedent. The decedent was employed by the respondent as a truck driver. On November 25, 1997 while in the employ of the respondent, the decedent was found dead in the cab of his truck as a result of a heart attack.

In his April 24, 2003 Finding and Award, the late Commissioner Darius Spain found the decedent's death was causally related to his employment. The respondents filed an appeal and in Hummel I, supra, this board affirmed the April 24, 2003 Finding and Award.

Following this board's ruling in Hummel I, the respondents filed an appeal with the Appellate Court. The Appellate Court dismissed the matter on the basis of lack of final judgment. Hummel v. Marten Transport, Ltd., 90 Conn. App. 9 (2005). The respondents and the claimant filed appeals with the Supreme Court and certification was granted as to the question of, "Did the Appellate Court properly dismiss this appeal for lack of a final judgment?" Hummel v. Marten Transport, Ltd., 275 Conn. 913 (2005). That question is currently pending before our Supreme Court, Hummel v. Marten Transport, Ltd., appeals docketed Nos. SC 17494 and SC 17496.

Meanwhile, in light of the Appellate Court's ruling in Hummel v. Marten Transport, Ltd., 90 Conn. App. 9 (2005), the claimant sought payment of § 31-306 benefits pursuant to § 31-301(f) and penalties against the respondents pursuant to §§ 31-300 and 31-303. In his November 18, 2003 Finding and Award, Commissioner Vargas found the respondents had not paid the claimant and ordered them to pay the claimant 312 weeks at a base compensation rate of $398.03. That amount represented payments owed for the period between November 25, 1997 and November 25, 2003. Commissioner Vargas also noted benefits owed to the claimant required an adjustment for Cost of Living Adjustments [hereafter COLAs] and ordered the parties to calculate same. Additionally, the respondents were ordered to commence the weekly payment of benefits. The matter was held open for the consideration of penalties pursuant to § 31-300 and § 31-303.

See Hummel v. Marten Transport, Ltd., November 18, 2003 Finding and Award of the Commissioner acting for the Fifth District. Finding, ¶ 11.

The respondents appealed the November 18, 2003 Finding and Award and this board issued its opinion in Hummel II, 4760 CRB-5-03-12 (November 19, 2004). In Hummel II the respondents argued they were not required to pay the claimant. One of the arguments raised by the respondents was that they should not have to pay the claimant pursuant to § 31-301(f) as § 31-301(d) contradicted § 31-301(f). The CRB was not persuaded by the respondents' contention but did note the enforcement of an order pursuant to § 31-301(f) requires that the order detail the specific amount to be paid.

ERRATA SHEET

Please replace pages two and three of the Compensation Review Board's Opinion dated April 19, 2007 in the above-name matter with the attached page two and three.

John A. Mastropietro, Chairman Compensation Review Board Workers' Compensation Commission

OPINION

JOHN A. MASTROPIETRO, CHAIRMAN. This matter has been before this board on two other occasions. See Hummel v. Marten Transport, Ltd., 4667 CRB-5-03-5 (May 3, 2004), appeal dismissed for lack of final judgment, 90 Conn. App. 9 (2005), cert. granted, 275 Conn. 913 (2005) [hereafter Hummel v. Marten Transport, Ltd., 4667 CRB-5-03-5 (May 3, 2004) referred to as Hummel I]; Hummel v. Marten Transport, Ltd., 4760 CRB-5-03-12 (November 19, 2004) [hereafter Hummel II].

A summary of the pertinent facts and prior proceedings is as follows. The claimant is the dependent spouse of the decedent. The decedent was employed by the respondent as a truck driver. On November 25, 1997 while in the employ of the respondent, the decedent was found dead in the cab of his truck as a result of a heart attack.

In his April 24, 2003 Finding and Award, the late Commissioner Darius Spain found the decedent's death was causally related to his employment. The respondents filed an appeal and in Hummel I, supra, this board affirmed the April 24, 2003 Finding and Award.

Following this board's ruling in Hummel I, the respondents filed an appeal with the Appellate Court. The Appellate Court dismissed the matter on the basis of lack of final judgment. Hummel v. Marten Transport, Ltd., 90 Conn. App. 9 (2005). The respondents and the claimant filed appeals with the Supreme Court and certification was granted as to the question of, "Did the Appellate Court properly dismiss this appeal for lack of a final judgment?" Hummel v. Marten Transport, Ltd., 275 Conn. 913 (2005). That question is currently pending before our Supreme Court, Hummel v. Marten Transport, Ltd., appeals docketed Nos. SC 17494 and SC 17496.

Meanwhile, in light of the Appellate Court's ruling in Hummel v. Marten Transport, Ltd., 90 Conn. App. 9 (2005), the claimant sought payment of § 31-306 benefits pursuant to § 31-301(f) and penalties against the respondents pursuant to §§ 31-300 and 31-303. In his November 18, 2003 Finding and Award, Commissioner Vargas found the respondents had not paid the claimant and ordered them to pay the claimant 312 weeks at a base compensation rate of $398.03. That amount represented payments owed for the period between November 25, 1997 and November 25, 2003. Commissioner Vargas also noted benefits owed to the claimant required an adjustment for Cost of Living Adjustments [hereafter COLAs] and ordered the parties to calculate same. Additionally, the respondents were ordered to commence the weekly payment of benefits. The matter was held open for the consideration of penalties pursuant to § 31-300 and § 31-303.

See Hummel v. Marten Transport, Ltd., November 18, 2003 Finding and Award of the Commissioner acting for the Fifth District. Finding, ¶ 11.

The respondents appealed the November 18, 2003 Finding and Award and this board issued its opinion in Hummel II, 4760 CRB-5-03-12 (November 19, 2004). In Hummel II the respondents argued they were not required to pay the claimant. One of the arguments raised by the respondents was that they should not have to pay the claimant pursuant to § 31-301(f) as § 31-301(d) contradicted § 31-301(f). The CRB was not persuaded by the respondents' contention but did note the enforcement of an order pursuant to § 31-301(f) requires that the order detail the specific amount to be paid.


Summaries of

Hummel v. Marten Transport, No

CONNECTICUT COMPENSATION REVIEW BOARDCONNECTICUT WORKERS' COMPENSATION COMMISSION
Apr 27, 2007
5080 CRB 5 (Conn. Work Comp. 2007)
Case details for

Hummel v. Marten Transport, No

Case Details

Full title:DEBRA HUMMEL, Dependent Widow of HENRY A. HUMMEL, Deceased…

Court:CONNECTICUT COMPENSATION REVIEW BOARDCONNECTICUT WORKERS' COMPENSATION COMMISSION

Date published: Apr 27, 2007

Citations

5080 CRB 5 (Conn. Work Comp. 2007)