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CRB OPINIONS AND ANNOTATIONS |
CASE NO. 1352 CRD-2-91-11
COMPENSATION REVIEW BOARD
WORKERS’ COMPENSATION COMMISSION
DECEMBER 23, 1993
ANTHONY CLOUTIER
CLAIMANT-APPELLEE
v.
C. N. FLAGG
EMPLOYER
and
HARTFORD INSURANCE GROUP
INSURER
RESPONDENTS-APPELLEES
and
INDUSTRIAL SHEET METAL CO.
EMPLOYER
and
AETNA CASUALTY & SURETY CO.
INSURER
RESPONDENTS-APPELLEES
and
ACMAT
EMPLOYER
and
TRAVELERS INSURANCE COMPANY
INSURER
and
AETNA CASUALTY & SURETY CO.
INSURER
and
HARTFORD INSURANCE GROUP
INSURER
RESPONDENTS-APPELLEES
and
MCKEON COMPANY
EMPLOYER
and
TRAVELERS INSURANCE GROUP
INSURER
RESPONDENTS-APPELLEES
and
AETNA SAMPSON
EMPLOYER
RESPONDENT-APPELLANT
and
LIBERTY MUTUAL INSURANCE CO.
INSURER
RESPONDENT-APPELLEE
and
RELIANCE INSURANCE COMPANY
INSURER
RESPONDENT-APPELLEE
and
PLANET INSURANCE COMPANY
INSURER
RESPONDENT-APPELLANT
and
CONNECTICUT SHEET METAL COMPANY
EMPLOYER
and
ROYAL INSURANCE COMPANY
INSURER
RESPONDENTS-APPELLEES
and
INDUSTRIAL SHEET METAL CO.
EMPLOYER
and
AETNA CASUALTY & SURETY CO.
INSURER
RESPONDENTS-APPELLEES
and
WESSON HEATING & AIR CONDITIONING
EMPLOYER
and
FIREMAN’s FUND INSURANCE COMPANY
INSURER
RESPONDENTS-APPELLANTS
and
H.R. HILLERY
EMPLOYER
and
AMERICAN NATIONAL FIRE INSURANCE
INSURER
RESPONDENTS-APPELLEES
and
JOHN F. MOTTO
EMPLOYER
and
U. S. F. & G.
INSURER
RESPONDENTS-APPELLEES
and
BRISTOL SHEET METAL CO.
EMPLOYER
and
PREMIER INSURANCE COMPANY
INSURER
RESPONDENTS-APPELLEES
and
AMERICAN SHEET METAL WORKS
EMPLOYER
and
AMERICAN MUTUAL INSURANCE COMPANY
INSURER
RESPONDENTS-APPELLEES
and
FISHMAN & SONS, INC.
EMPLOYER
and
AMERICAN MUTUAL INSURANCE COMPANY
INSURER
RESPONDENTS-APPELLEES
and
CAPITOL VENTILATING CO.
EMPLOYER
and
AETNA CASUALTY & SURETY
INSURER
RESPONDENTS-APPELLEES
and
M. J. DALY & SONS
EMPLOYER
and
HARTFORD INSURANCE GROUP
INSURER
and
AMERICAN MANUFACTURERS INSURANCE CO./KEMPER GROUP
INSURER
RESPONDENTS-APPELLEES
and
SECOND INJURY FUND
RESPONDENT-APPELLEE
APPEARANCES:
The claimant was represented by Robert M. Cheverie, Esq., Robert M. Cheverie and Assoc., P. C., 900 Asylum Avenue, Suite 500, Hartford, CT 06105, who neither filed a brief nor appeared at oral argument.
C. N. Flagg and Hartford Insurance Group were represented by Lucas Strunk, Esq., Pomeranz, Drayton and Stabnick, 95 Glastonbury Boulevard, Glastonbury, CT 06033-4412 who neither filed a brief nor appeared at oral argument.
Industrial Sheet Metal Company and Aetna Casualty Surety were represented by William Blake, Esq., Gager and Narcus, One Exchange Plaza, P. O. Box 2480, Waterbury, CT 06722-2480 who neither filed a brief nor appeared at oral argument.
ACMAT and Travelers were represented by Christine L. Harrigan, Esq., Law Offices of Robert S. Cullen, P.O. Box 9802, New Haven, CT 06536-0802 who neither filed a brief nor appeared at oral argument.
ACMAT and Aetna Casualty and Surety were represented by Lucas Strunk, Esq., Pomeranz, Drayton and Stabnick, 95 Glastonbury Boulevard, Glastonbury, CT 06033-4412 who neither filed a brief nor appeared at oral argument.
McKeon Co. and Travelers were represented by Christine L. Harrigan, Esq., Law Offices of Robert S. Cullen, P. O. Box 9802, New Haven, CT 06536-0802 who neither filed a brief nor appeared at oral argument.
Aetna Sampson and Liberty Mutual were represented by Howard B. Field, III, Esq., Law Offices of Rosenbaum & Brennan, 20 Western Boulevard, Glastonbury, CT 06033 who neither filed a brief nor appeared at oral argument.
Aetna Sampson and Reliance and Planet Insurance Companies were represented by Richard S. Bartlett, Esq., McGann, Bartlett and Brown, 281 Hartford Turnpike, Suite 401, Vernon, CT 06066.
Connecticut Sheet Metal and Royal Insurance Company were represented by Thomas Cotter, Esq., Cotter, Cotter and Sohon, P. O. Box 5660, Bridgeport, CT 06610 who neither filed a brief nor appeared at oral argument.
Industrial Sheet Metal and Aetna Casualty and Surety were represented by William Blake, Esq., Gager and Marcus, One Exchange Plaza, P. O. Box 2480, Waterbury, CT 06722-2480 who neither filed a brief nor appeared at oral argument.
Wesson Heating and Air Conditioning and Fireman’s Fund Insurance Company were represented by Richard S. Bartlett, Esq., McGann, Bartlett and Brown, 281 Hartford Turnpike, Suite 401, Vernon, CT 06066.
H. R. Hillery Company and American National Fire Insurance were represented by Diane Duhamel, Esq., Trowbridge, Ide, Mansfield and Schoolcroft, 207 Main Street, Hartford, CT 06106 who neither filed a brief nor appeared at oral argument.
John F. Motto and U. S. F. & G. were represented by Beverly Johns, Esq., O’Connell, Flaherty and Attmore, 10 Columbus Boulevard, Hartford, CT 06106-1944 who neither filed a brief nor appeared at oral argument.
The Second Injury Fund was represented by Brewster Blackall, Esq., Assistant Attorney General, P. O. Box 120, Hartford, CT 06101-0120 who neither filed a brief nor appeared at oral argument.
ACMAT and Hartford Insurance Group were represented by William Blake, Esq., Gager and Marcus, P. O. Box 2480, Waterbury, CT 06722-2480 who neither filed a brief nor appeared at oral argument.
American Sheet Metal Works and Guaranty Fund on behalf of American Mutual Insurance Company were represented by David Kelly, Esq., Montstream and May, P. O. Box 1087, Glastonbury, CT 06033 who appeared at oral argument but did not file a brief.
Fishman and Sons, Inc. and Guaranty Fund on behalf of American Mutual Insurance Company were represented by David Kelly, Esq., Montstream and May, P. O. Box 1087, Glastonbury, CT 06033 who appeared at oral argument but did not file a brief.
Capitol Ventilating Co. and Aetna Casualty and Surety were represented by William Blake, Esq., Gager and Marcus, P. O. Box 2480, Waterbury, CT 06722-2480 who neither filed a brief nor appeared at oral argument.
M. J. Daly and Sons and Hartford Insurance Group were represented by Lucas Strunk, Esq., Pomeranz, Drayton and Stabnick, 95 Glastonbury Boulevard, Glastonbury, CT 06033-4412 who neither filed a brief nor appeared at oral argument.
Bristol Sheet Metal Company and Premier Insurance Company made default of appearance.
Shaw Metal Fabricators and Greater New York Insurance were represented by James F. Aspell, Esq., Furniss, Quinn and O’Brien, 248 Hudson St., Hartford, CT 06106-1723 who neither filed a brief nor appeared at oral argument.
M. J. Daly and Sons and Kemper Group on behalf of American Manufacturers Insurance were represented by Patrice Noah, Esq., Law Offices of Michael Brodinsky, P. O. Box 35, North Haven, CT 06473-0035.
This Petition for Review from the November 6, 1991 Finding and Award of the Commissioner for the Second District was heard November 20, 1992 before a Compensation Review Board panel consisting of the Commissioners John A. Arcudi, Frank J. Verrilli and George Waldron.
JOHN A. ARCUDI, COMMISSIONER. Originally, some seven or eight employers were involved in this appeal from findings of work-related exposure to asbestos.1 Wesson Heating and Air Conditioning (Wesson), its insurer, Fireman’s Fund Insurance Company, and Aetna Sampson Corporation (Sampson) and Planet Insurance Company, its insurer, are the only two remaining appellants. The Second District found fourteen employers and their insurers liable for claimant’s occupational disease. The claim of both remaining insurers is that they were not the insurers of record when the asbestos exposure occurred.
Between 1963 and 1984 claimant worked as a sheet metal worker for many construction companies, where he was exposed to asbestos, including Wesson and Sampson. This exposure was a substantial contributing factor to his lung cancer.
In his November 6, 1991 Finding and Award and his November 23, 1991 ruling on the Motion to Correct, the commissioner found claimant worked for Wesson in 1978, 1979 and 1980. He was exposed to asbestos in 1978 and 1979, not in 1980 insofar as the testimony showed. Fireman’s Fund insured Wesson from April 1, 1980 through April 1, 1981. As there was no asbestos occupational exposure shown during this 1980-81 period, then the award against Fireman’s Fund must be vacated. O’Connell v. Indian Neck General Store, 6 Conn. Workers’ Comp. Rev. Op. 42, 530 CRD-3-86 (1988).
Sampson’s insurer from July 1, 1968 through July 1, 1969, Planet, asserts a similar claim. Social Security records in evidence showed claimant worked for Sampson during the last three quarters of 1968, April 1 through December 31. Claimant testified he was exposed to asbestos for two months of his Sampson employment. He did not testify that those two months fell only in the April through June period before Planet’s coverage began. He was a Sampson employee in 1968 both before and after July 1 of that year. The record therefore supports the commissioner’s finding.
Planet’s appeal is denied; that of Fireman’s Fund is sustained and the award against that insurer is vacated.
Commissioners Frank J. Verrilli and George A. Waldron concur.
1 Appeals by respondents H. R. Hillery and American National Fire Insurance Company, John F. Motto, Inc. and United States Fidelity and Guaranty, C. N. Flagg and Hartford Insurance Group, Aetna Sampson and Liberty Mutual Insurance Company, Acmat and Travelers Insurance Company, and the Second Injury Fund were previously withdrawn. BACK TO TEXT
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CRB OPINIONS AND ANNOTATIONS |