Besade v. Interstate Security Services

562 A.2d 1086, 212 Conn. 441, 1989 Conn. LEXIS 242
Supreme Court of Connecticut·Decided August 8, 1989·No. 13689·Published·Cited by 59 cases

Opinion

Peters, C. J.

The central issue in this appeal is the validity of a workers’ compensation commissioner’s award issued over three and one-half years after the close of the hearings. The commissioner concluded that the plaintiff, Cynthia Besade, was entitled to workers’ compensation benefits because her disability was causally related to an injury she had received while employed by the defendant Interstate Security Services (ISS). After the commissioner denied their motion to open, the defendants appealed to the workers’ compensation review division (review division),1 which affirmed the award. They then appealed to the Appellate Court and we transferred the appeal to ourselves pursuant to Practice Book § 4023. We find no error.

The facts relevant to this appeal are as follows. On December 5, 1980, while employed by ISS, the plaintiff suffered a compensable injury when she inhaled ammonia fumes. She experienced coughing, difficulty in breathing and chest tightness and was taken to Lawrence and Memorial Hospital by ambulance. She continued to suffer recurrent pain, fever and gastrointestinal distress after her discharge from the hospital. In the spring of 1981, she experienced pain in her jaw, [443] joints and bones, accompanied by swelling of her lymph nodes, which was diagnosed as mononucleosis. Subsequently, she experienced increased headaches and her doctor referred her to a dentist who concluded that she suffered from temporomandibular joint dysfunction.

ISS paid the plaintiff workers’ compensation until March 20, 1983, when the commissioner approved its notice of intention to discontinue payments. The plaintiff contested the approval and the commissioner held a formal hearing, which closed on September 19,1983. On April 29, 1987, the commissioner issued his finding and award, which held that the plaintiff’s disability, temporomandibular joint dysfunction, was causally related to her compensable injury, and, therefore, was compensable. After a denial of the defendants’ subsequent motion to open, they appealed to the review division which, on January 13, 1989, affirmed the commissioner’s decision in all respects, but limited his finding and award “to the situation prior to and up to September 19, 1983.” The review division remanded the case for further hearings “to address the situation thereafter.”

On appeal the defendants claim that the review division erred in affirming the commissioner’s award because the plaintiff had not established by a preponderance of the evidence that her temporomandibular joint dysfunction was causally related to her inhalation of ammonia fumes and because the lengthy delay in rendering his decision denied the defendants due process. The defendants also claim that the commissioner should have granted their motion to open the award.2 These claims are unpersuasive.

[444] I

Before addressing the defendants’ claims, we must determine whether this appeal is properly before this court. This appeal bears some similarity to Matey v. Estate of Dember, 210 Conn. 626, 556 A.2d 599 (1989), a workers’ compensation case, in which we held that the appeal was premature because we concluded that the review division, in remanding the case for further evidentiary proceedings to determine the appropriate compensation rate, had not rendered a final judgment. The present appeal, however, is not premature. We conclude that the award was a final judgment as to the plaintiff’s entitlement to workers’ compensation benefits through September 19, 1983, the date of the last hearing, because the award contained a finding of the amount due through that date and the review division limited its remand to a determination of the plaintiff’s entitlement to benefits after that date.

Pursuant to General Statutes § 31-315,3 a workers’ compensation award is always limited to a claimant’s current condition and always subject to later modification upon the request of either party during the entire period of compensation if the complainant’s condition [445] changes. Accordingly, any workers’ compensation award, although a final judgment as to benefits through the date of the hearing, is always subject to further proceedings, such as those ordered in the present case, to determine whether the award should be modified. If such an award were not a final judgment because it was subject to such modification, no workers’ compensation award could ever be final, and therefore appeala-ble, until the claimant either died or recovered, thereby ending the disability period.

Awards under other statutes that provide for subsequent modification in the event of changed circumstances have been viewed as final judgments for purposes of appeal. For example, General Statutes § 46b-86 (a),4 permits modification of orders for the periodic payment of permanent alimony or support, and General Statutes § 46b-565 permits modification of orders concerning child custody and visitation. Nonetheless, alimony, support, custody and visitation orders have routinely been treated as final judgments for purposes of an appeal. See, e.g., Blake v. Blake, 211 Conn. 485, 560 A.2d 396 (1989); Perez v. Perez, 212 Conn. 63, 561 A.2d 907 (1989). We conclude, therefore, that the workers’ compensation award in this case is a final judgment that is presently appealable.

II

With respect to the merits of their appeal, the defendants first contend that the review division erred in [446] upholding the commissioner’s award because the plaintiff failed to prove that her disability was causally related to her injury at work.6 This claim of error has two parts: (1) that the review division erred procedurally by employing an improper standard in reviewing the findings of the commissioner; and (2) that the review division erred substantively in its conclusion about the required causal relationship.

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Besade v. Interstate Security Services, 562 A.2d 1086, 212 Conn. 441, 1989 Conn. LEXIS 242 (Colo. 1989).

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