Black v. London & Egazarian Associates, Inc.

620 A.2d 176, 30 Conn. App. 295, 1993 Conn. App. LEXIS 65
CourtConnecticut Appellate Court
DecidedFebruary 9, 1993
Docket10994
StatusPublished
Cited by25 cases

This text of 620 A.2d 176 (Black v. London & Egazarian Associates, Inc.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Black v. London & Egazarian Associates, Inc., 620 A.2d 176, 30 Conn. App. 295, 1993 Conn. App. LEXIS 65 (Colo. Ct. App. 1993).

Opinion

Schaller, J.

The plaintiff appeals from a decision of the compensation review division (review division) of the workers’ compensation commission. The review division affirmed the dismissal of the claim on its merits by the workers’ compensation commissioner. Earlier in the course of the proceedings, the review division had affirmed the commissioner’s denial of the plaintiffs motion to preclude. On appeal, the plaintiff asserts that the review division had incorrectly (1) affirmed the commissioner’s ruling that the notice of claim was not served personally or by registered or certified mail in accordance with General Statutes § 31-321,1 (2) affirmed the commissioner’s ruling that the plaintiff’s notice of claim for compensation did not meet the requirements of General Statutes (Rev. to 1983) [297]*297§ 31-294,2 (3) failed to find that the commissioner improperly refused to allow the plaintiff to present rebuttal testimony, and (4) affirmed the commissioner’s conclusion that the death of the plaintiff’s husband did not arise out of his employment. We reverse the decision of the review division on the first two issues raised and, thus, do not reach the remaining issues.

The facts necessary to the resolution of this appeal may be summarized as follows. The plaintiff, Renata Black, is the widow of Howard Black, who was employed as a mechanical engineer for the defendant London and Egazarian Associates, Inc. (employer). On October 5, 1984, Howard Black died of sudden cardiac arrest while working in his office at the company’s place of business in Greenwich. Although he had suffered from a variety of medical conditions, he had no history of heart disease. He had been suffering from work related mental stress.

By letter dated December 2,1984, the plaintiff undertook to notify the employer of her intent to claim workers’ compensation benefits with regard to the death of her husband. She mailed a letter on her personal stationery from a post office in Tarrytown, New York, where she requested that the letter be sent by certified mail. She paid a fee of $1.55 and was given a certified mail receipt. In the letter addressed to the employer at its place of business the plaintiff stated as follows:

“Dear Bernie: I would like to advise you that I intend to file for Workmen’s Compensation with regard to the death of my husband, who died of heart attack while at work on Oct. 5th 1984.

/s/ Renata Black”

[298]*298The letter was delivered by a postal service employee to the office of the employer on December 2 or 3,1984. At that time, Kenneth Beinert, a self-employed consulting engineer who was doing work for the employer, was alone in the office. Although Beinert was working at the receptionist’s desk and was answering the defendant’s telephone, he was not an employee or authorized representative of the employer. Thus, when the postal worker requested a signature for the delivery, Beinert refused. The postal worker then placed the letter in a box on the receptionist’s desk. At the time of the hearing, it was observed that the envelope containing the letter did not bear a certified mail number sticker or any stamp indicating that a return receipt had been requested.3 The return receipt portion of the green postal card had not been completed.

At the time of the delivery, Bernard London, president of the employer, was out of the country. Upon his return four or five days later, he read the plaintiff’s letter. The employer, however, did not issue a notice of intent to contest liability until March 21,1985. The plaintiff filed a motion to preclude. Formal hearings on this motion were held by the commissioner for the seventh district on November 8, 1985, and April 4, 1986. At the April 4,1986 hearing, the commissioner denied the plaintiff the opportunity to present either rebuttal testimony on the issue of service or an offer of proof relating to that issue.

The commissioner found that the notice of claim was not served personally or by registered or certified mail and, further, that it did not meet the requirements of § 31-294 in that it was a statement of intention to file a claim for compensation rather than a notice of present claim. The plaintiff appealed to the review division, [299]*299which, on June 29, 1988, affirmed the commissioner’s ruling on the issue of service. The review division, thereafter, declined to decide whether the letter was sufficient notice of the present claim to bring into play the preclusion provisions of General Statutes (Rev. to 1983) § 31-297 (b). A hearing before the commissioner on the merits of the claim follo wed, resulting in a decision that the plaintiff had not sustained her burden of proving that her husband’s death arose out of and in the course of his employment. She again appealed the decision to the review division which affirmed. This appeal followed.

I

The plaintiff first claims that the review division incorrectly affirmed the finding of the commissioner that the notice of claim was not served personally or by registered or certified mail. The plaintiff argues that delivery by a postal service employee to the employer’s office of the letter, which had been properly deposited at the Tarrytown post office as certified mail, was sufficient to comply with § 31-321. We agree with the plaintiff.

We note at the outset that our resolution of this matter must comport with the well settled standard of review for workers’ compensation appeals. “The conclusions drawn by [the commissioner]' from the facts found must stand unless they result from an incorrect application of the law to the subordinate facts or from an inference illegally or unreasonably drawn from them.” (Internal quotation marks omitted.) Besade v. Interstate Security Services, 212 Conn. 441, 449, 562 A.2d 1086 (1989). “The compensation review division must review the appeal on the record and must not retry facts.” Hicks v. Department of Administrative Services, 21 Conn. App. 464, 466, 573 A.2d 770, cert. denied, 216 Conn. 804, 577 A.2d 716 (1990); Imbrogno [300]*300v. Stamford Hospital, 28 Conn. App. 113, 118, 612 A.2d 82, cert. denied, 223 Conn. 920, 614 A.2d 82 (1992). Guided by these principles, we hold that the review division and the commissioner have misconstrued the applicable statute and unreasonably interpreted the underlying facts of this case.

The objective in analyzing legislative action is to discern and effectuate the apparent intent of the legislature. State v. Blasko, 202 Conn. 541, 553, 522 A.2d 753 (1987). In doing so, “[w]e look first to the plain, unambiguous language of the statute.” Arway v. Bloom, 29 Conn. App. 469, 473, 615 A.2d 1075 (1992). Unless the statute is ambiguous, it is unnecessary and indeed improper to engage in an analysis of the history underlying the statute. Klug v. Inland Wetlands Commission, 30 Conn. App. 85, 90, 619 A.2d 8 (1993).

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Bluebook (online)
620 A.2d 176, 30 Conn. App. 295, 1993 Conn. App. LEXIS 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-london-egazarian-associates-inc-connappct-1993.