 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
IZZO v. MERIDEN-WALLINGFORD HOSPITAL6/4/1996
The dispositive issue in this appeal is whether an employee's executed acknowledgment of a preexisting physical defect, in accordance with General Statutes (Rev. to 1983) § 31-325, which was not
approved by the workers' compensation commissioner (commissioner) until after the occurrence of the employee's compensable injury, is effective to transfer liability from the employer to the second injury fund (fund). Meriden-Wallingford Hospital and its insurer, Connecticut Hospital Association Workers' Compensation Trust (collectively referred to as the employer), appeal from the decision of the compensation review board (board) in favor of the fund, vacating the ruling of the commissioner. The employer claims that the board improperly concluded that an acknowledgment must be approved by the commissioner prior to the occurrence of a compensable injury in order to effectuate a transfer of liability from the employer to the fund. The fund responds that § 31-325 provides that an acknowledgment is not effective until it is approved by
the commissioner, and that it must be effective at the time of the compensable injury in order to transfer liability. We conclude that § 31-325 does not require preinjury approval by the commissioner of the claimant's executed acknowledgment in order to effectuate a transfer of liability from the employer to the fund. Accordingly, we reverse the decision of the board and reinstate the ruling of the commissioner.
The following facts and procedural history are undisputed. In September, 1983, the claimant sought employment as a nurse at Meriden-Wallingford Hospital. Prior to her application, the claimant had sustained lower back injuries and had undergone spinal surgery. At the hospital's request, the claimant agreed to execute an acknowledgment of physical defect form in accordance with § 31-325. The acknowledgment, which described the claimant's preexisting spinal fusion and disc disease, was signed by Leo Willett, the claimant's treating physician, on September 20, 1983. Prior to signing the acknowledgment, the claimant met with her attorney to discuss the meaning and effect of the acknowledgment and to make sure that she understood the implications of signing it. Thereafter, the claimant signed the acknowledgment and delivered it to Jean Sterling, a hospital employee responsible for processing acknowledgments. The acknowledgment, however, was not submitted to the commissioner for approval at that time.
The claimant began working at the hospital in November, 1983, but worked for only four hours before she was laid off. Several weeks thereafter she began employment at the veterans hospital, where she executed another acknowledgment, which was immediately approved by the commissioner for the third district.
In February, 1984, the claimant returned to her nursing position at Meriden-Wallingford Hospital. On January 17, 1986, she sustained a compensable injury to her lumbar spine. This injury was attributable in material degree to the claimant's preexisting back condition, which was adequately described in each of her previously executed acknowledgments. Her compensation claim was accepted by the employer, and a voluntary agreement was filed with and approved by the commissioner for the eighth district on November 24, 1986. On November 28, 1990, approximately four years later, Meriden-Wallingford Hospital submitted the claimant's earlier executed acknowledgment to the commissioner for the eighth district for approval, at which time it was approved by one of the staff members.
On November 12, 1992, after several formal hearings, the commissioner issued his initial finding and dismissal of the employer's claim to
Page 1 2 3 4 5 Connecticut Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|