Opinion
CASE NO. 1021 CRD-2-90-5
AUGUST 19, 1991
The claimant was represented by William E. McCoy, Esq. No brief was submitted by the claimant.
The respondents were represented by Robert S. Cullen, Esq.
Parties agreed to waive oral argument in the instant matter.
This Petition for Review from the May 11, 1990 Finding and Award of the Commissioner for the Second District was decided on the basis of papers submitted for a August 16, 1991 hearing before a Compensation Review Division panel consisting of the Commissioner Chairman, John Arcudi, and Commissioners Andrew Denuzze and Gerald Kolinsky.
OPINION
Respondents have appealed the May 11, 1990 Second district finding and Award. There the trial commissioner found claimant sustained a compensable injury on October 14, 1981 as set forth in a voluntary Agreement approved April 27, 1982. Respondents thereafter paid $82,506.54 in compensation and medical expenses.
On October 13, 1983, claimant's third party tort case for the same injury was settled in the gross amount of $780,000. After the expenses, attorney's fees and the respondent's lien in the amount of $82,506.54 were deducted the claimant was paid $480,000 from the third party settlement. There had been no agreement or decision concerning the present value of compensation benefits due in the future.
Subsequently claimant incurred various medical expenses for which it sought payment from the respondents. The commissioner ruled respondents were liable for the subsequent medical expenses on the basis of our Appellate court's ruling in Love v. J.P. Stevens Co., 21 Conn. App. 9 (1990).
After, the Second District Finding and Award, the Supreme Court decided Love v. J.P. Stevens Co., 218 Conn. 46 (1991) reversing the lower court's holding. Enguist v. General Datacom, 218 Conn. 19 (1991) and Love, supra, held that an employer could receive credit for future compensation payments against a third party tort recovery. As the legal precedent for the Second District ruling has been reversed, we remand the instant matter for further proceedings consistent with the Supreme Court's ruling in Love, supra and Enguist, supra.
Commissioners Andrew Denuzze and Gerald Kolinsky concur.