Diaz v. Bridgeport

Citations

• 208 Conn. App. 615

Syllabus

The defendant employer and its insurer appealed from the decision of the Compensation Review Board affirming the Workers' Compensation Commissioner's decision to grant the plaintiff's request to commute into a lump sum certain disability payments. The defendant had employed the plaintiff as a member of its municipal police department. While employed by the defendant, the plaintiff was diagnosed with hyperten- sion. Subsequently, the commissioner found that the plaintiff's hyperten- sion was a significant, contributing factor in the development of his coronary artery disease and, accordingly, that such disease was compen- sable under the Workers' Compensation Act (§ 31-275 et seq.). The plaintiff was later diagnosed with chronic kidney disease caused by his hypertension and, in a supplemental finding and award, was awarded 245 weeks of permanent partial impairment disability benefits. The plaintiff thereafter requested that the final 123 weeks of the award period be commuted into a lump sum. After a hearing, the commissioner concluded that the plaintiff had shown good cause for a commutation of his award pursuant to statute (§ 31-302), and, accordingly, granted the plaintiff's request for a commutation of the benefits due to him for weeks 123 through 245 of his award. The defendant appealed to the board, claiming, inter alia, that the commissioner improperly applied § 31-302 by ordering a commutation of the back end of the award without also awarding the defendant a moratorium of payment of benefits for the front end of the award. The board affirmed the order of the commissioner, and this appeal followed. Held: 1. The defendant could not prevail on its claim that the board improperly affirmed the commissioner's order granting the plaintiff's request for a commutation of the partial disability payments due to him for weeks 123 through 245 of his award, without instituting a moratorium against payment of the benefits due for the first 122 weeks of his award: although t