149 Conn. App. 725
Conn. App. Ct.2014Background
- Claimant Joyce Snyder, a nurse, suffered a compensable back injury in 1997 and later was diagnosed with acute myelogenous leukemia; she could not return to work.
- Parties negotiated a full-and-final stipulation including a $75,000 lump sum and a Medicare set‑aside; defendant drafted the stipulation and emailed it to claimant in February 2011.
- Claimant signed the written stipulation on February 4, 2011; she died of leukemia on February 5, 2011.
- A March 1, 2011 hearing was scheduled to seek commissioner approval; when claimant’s death was disclosed, defendant’s counsel withdrew consent and the defendant did not sign the written stipulation.
- Commissioner denied approval and dismissed the claim; the commissioner also denied the plaintiff’s motion to correct a factual paragraph. The Workers’ Compensation Review Board affirmed. Plaintiff (executor) appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant was bound by the stipulation drafted by defendant and signed only by claimant before her death | Stipulation is binding because defendant prepared it and claimant signed it before death | Defendant never consented at the approval hearing and never executed the document; no binding agreement without both parties and commissioner approval | Not bound: stipulation not enforceable where defendant withdrew consent and had not signed; commissioner properly withheld approval |
| Whether commissioner was required to approve the stipulation absent fraud, accident, mistake, or surprise | O’Neil requires approval of a signed settlement unless equitable grounds exist to open an already approved award | O’Neil is inapplicable; where a stipulation was not approved and defendant no longer concorded, commissioner may withhold approval (Secola) | O’Neil inapplicable; commissioner may withhold approval before an award is entered when respondent no longer agrees; approval is not automatic |
| Whether prior board precedent (e.g., Festa, Drozd) compelled enforcement | Festa/Drozd purportedly support enforcement despite lack of defendant signature | Those cases are distinguishable; Festa concerned capacity, Drozd refused to enforce oral/unexecuted agreement | Precedents do not compel enforcement; commissioner followed controlling authority in refusing approval |
| Whether commissioner’s factual finding (that stipulation was never properly before commissioner, not approved, and defendant did not sign) could be corrected | Plaintiff sought to replace that finding with language asserting the settlement had been properly before the commissioner and defendant later refused to sign | Defendant maintained record supports commissioner’s factual finding that the stipulation was not properly before the commissioner | Denial of motion to correct affirmed: commissioner’s findings were supported by the record and not subject to correction |
Key Cases Cited
- O’Neil v. Honeywell, Inc., 66 Conn. App. 332 (2001) (court reversed opening of an already approved stipulation absent fraud, accident, mistake, or surprise)
- Muldoon v. Homestead Insulation Co., 231 Conn. 469 (1994) (no stipulation is binding until commissioner approval; award by stipulation is binding once approved)
- Palumbo v. George A. Fuller Co., 99 Conn. 353 (1923) (findings of commissioner may not be corrected unless made without evidence or omitted undisputed material facts)