436 A.2d 50 | Conn. Super. Ct. | 1981
The petitioners, claimant's employer, General Electric Company (G.E.), and the employer's compensation carrier, Electric Mutual Liability Company (E.M.L.C.), have appealed from a decision of the workers' compensation review division. This decision had reversed the decision of the compensation commissioner in the fourth district and absolved respondent Second Injury and Compensation Assurance Fund (Second Injury Fund) from any liability. *743
The facts in this case are undisputed. The claimant, Philip Kramer, was injured on November 28, 1977. Disability commenced on December 14, 1977, whereupon he became eligible for compensation benefits from his employer's compensation carrier, E.M.L.C. On July 25, 1979, E.M.L.C. notified the Second Injury Fund that a claim was being made against the fund.1 On October 17, 1979, the Second Injury Fund was given a copy of an approved voluntary agreement made between the claimant, his employer, G.E., and his employer's insurer, E.M.L.C. The agreement indicated that the claimant had suffered a compensable injury on November 28, 1977, which arose from the course of his employment with G.E. The Second Injury Fund denied that the letter of July 25, 1979 and the delivery of the agreement on October 17, 1979 constituted compliance with the notice provisions of General Statutes
The parties submitted the question to the compensation commissioner in the fourth district, who decided that there was compliance and ordered the Second Injury Fund to begin paying claimant's indemnity and medical expenses commencing December 13, 1979. The Second Injury Fund appealed from the commissioner's decision. The compensation review division sustained this appeal, indicating that General Statutes
Section
In the present case, the plaintiffs disability began on December 14, 1977. The ninetieth day prior to the expiration of the 104-week period was reached on September 13, 1979. For the employer or its insurance carrier to avail itself of the provisions of General Statutes
There is no error.
In this opinion BIELUCH and FLANAGAN, Js., concurred.