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CRB OPINIONS AND ANNOTATIONS |
THESE ANNOTATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY
Full texts of opinions, statutes and court decisions should be consulted and all citations and references fully researched by the reader.
The Annotations to Compensation Review Board Opinions are presented “as is” and the Commission makes no warranties as to the suitability of this information for any given purpose.
Please note also that Annotations change periodically due to several factors including, but not limited to, Appellate and Supreme Court decisions issued in workers’ compensation cases.
Diaz v. Bridgeport, 6333 CRB-4-19-6 (April 29, 2020).
Respondents challenged commissioner’s decision to commute final 123 weeks of claimant’s permanent partial disability award, arguing that commutation would allow claimant’s recovery to exceed maximum compensation rate, constitute double recovery, and violate statutory ceiling on heart and hypertension benefits set forth in General Statutes § 7-433b (b). CRB affirmed, noting that the commutation award could not be distinguished from any other lump-sum payment pursuant to commutation award, and § 7-433b (b) ceiling would only be implicated if cumulative amount of claimant’s weekly permanency benefits and pension payment exceeded statutory guidelines. CRB noted that municipality was entitled to customary three percent actuarial discount, and provisions of General Statutes § 31-302 afford commissioner considerable discretion in granting commutation awards. CRB affirmed denial of motion for articulation, holding that order was not ambiguous, and motion to correct, holding that proposed corrections recited same arguments made at trial. See also, Diaz, § 7-433b; § 31-301 Factual findings.
You have reached the original website of the |
CRB OPINIONS AND ANNOTATIONS |