Britto v. Bimbo Foods, Inc.

Citations

• 217 Conn. App. 134

Syllabus

Pursuant to statute (§ 31-294c (b)), whenever liability to pay workers' com- pensation is contested by an employer, the employer shall file with the Workers' Compensation Commissioner, on or before the twenty-eighth day after receipt of a written notice of claim, a proper notice denying lia- bility. The plaintiff employee appealed to this court from the decision of the Compensation Review Board affirming the decision of the Workers' Compensation Commissioner denying his motion to preclude the defen- dant employer from contesting liability as to his injuries pursuant to § 31-294c (b). The plaintiff filed a form 30C notice of claim with the Workers' Compensation Commission and, on the same day, the plaintiff's counsel sent by certified mail a copy of the form 30C to the defendant. The envelope was returned to the plaintiff with a marking indicating that it was undeliverable as addressed. Shortly thereafter, the plaintiff's counsel personally provided a copy of the form 30C to the defendant's counsel, who filed a form 43 denying the claim that same day. The plaintiff's motion claimed that the defendant was precluded from con- testing liability on the ground that the defendant never accepted the certified mail containing the form 30C and that the form 43 filed by the defendant was untimely. In denying the plaintiff's motion, the commis- sioner concluded that the form 30C sent by certified mail was not delivered to the defendant and, therefore, that the defendant did not receive proper notice of the plaintiff's claim at that time. On appeal, the board affirmed the commissioner's decision, concluding that the commissioner's determination that the defendant did not receive proper notice of the form 30C until it was provided personally to the defendant's counsel was supported by the finding that the mail carrier never deliv- ered the form 30C to the defendant, a finding that the board determined was supported by the record. Held that the board properly affirmed the commissi