Opinion
Decided April 20, 1990
The defendants' petition for certification for appeal from the Appellate Court, 21 Conn. App. 9, is granted, limited to the following issues:
"1. Did the Appellate Court err in concluding that the workers' compensation commissioner was not authorized to give the employer a credit against all future payments or expenses it may be obliged to make for an injured employee in an amount equal to the employee's net recovery for that injury against a third party tortfeasor?
"2. Did the Appellate Court err in concluding that the employer was entitled to a credit of $40,000, representing the cost of future surgery upon the injured employee that the workers' compensation commissioner had previously ordered the employer to pay for, after the stipulated judgment settling the third-party action had been rendered?"
Kevin J. Maher, in support of the petition.