Izzo v. Meriden-Wallingford Hospital

676 A.2d 857, 237 Conn. 259, 1996 Conn. LEXIS 185
CourtSupreme Court of Connecticut
DecidedJune 4, 1996
Docket15263
StatusPublished
Cited by6 cases

This text of 676 A.2d 857 (Izzo v. Meriden-Wallingford Hospital) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Izzo v. Meriden-Wallingford Hospital, 676 A.2d 857, 237 Conn. 259, 1996 Conn. LEXIS 185 (Colo. 1996).

Opinion

BORDEN, J.

The dispositive issue in this appeal is whether an employee’s executed acknowledgment of a preexisting physical defect, in accordance with General Statutes (Rev. to 1983) § 31-325,1 which was not [261]*261approved by the workers’ compensation commissioner (commissioner) until after the occurrence of the employee’s compensable injury, is effective to transfer liability from the employer to the second injury fund (fund).2 Meriden-Wallingford Hospital and its insurer, Connecticut Hospital Association Workers’ Compensation Trust (collectively referred to as the employer), appeal from the decision of the compensation review board (board) in favor of the fund, vacating the ruling of the commissioner.3 The employer claims that the board improperly concluded that an acknowledgment must be approved by the commissioner prior to the occurrence of a compensable injury in order to effectuate a transfer of liability from the employer to the fund. The fund responds that § 31-325 provides that an acknowledgment is not effective until it is approved by [262]*262the commissioner, and that it must be effective at the time of the compensable injury in order to transfer liability. We conclude that § 31-325 does not require preinjury approval by the commissioner of the claimant’s executed acknowledgment in order to effectuate a transfer of liability from the employer to the fund. Accordingly, we reverse the decision of the board and reinstate the ruling of the commissioner.4

The following facts and procedural history are undisputed. In September, 1983, the claimant sought employment as a nurse at Meriden-WaUingford Hospital. Prior to her application, the claimant had sustained lower back injuries and had undergone spinal surgery. At the hospital’s request, the claimant agreed to execute an acknowledgment of physical defect form in accordance with § 31-325. The acknowledgment, which described the claimant’s preexisting spinal fusion and disc disease, was signed by Leo WUlett, the claimant’s treating physician, on September 20, 1983. Prior to signing the acknowledgment, the claimant met with her attorney to discuss the meaning and effect of the acknowledgment and to make sure that she understood the implications of signing it. Thereafter, the claimant signed the acknowledgment and dehvered it to Jean Sterling, a hospital employee responsible for processing acknowledgments. The acknowledgment, however, was not submitted to the commissioner for approval at that time. [263]*263The claimant began working at the hospital in November, 1983, but worked for only four hours before she was laid off. Several weeks thereafter she began employment at the veterans hospital, where she executed another acknowledgment, which was immediately approved by the commissioner for the third district.

In February, 1984, the claimant returned to her nursing position at Meriden-Wallingford Hospital. On January 17,1986, she sustained a compensable injury to her lumbar spine. This injuiy was attributable in material degree to the claimant’s preexisting back condition, which was adequately described in each of her previously executed acknowledgments. Her compensation claim was accepted by the employer, and a voluntary agreement was filed with and approved by the commissioner for the eighth district on November 24, 1986.5 On November 28, 1990, approximately four years later, Meriden-Wallingford Hospital submitted the claimant’s earlier executed acknowledgment to the commissioner for the eighth district for approval, at which time it was approved by one of the staff members.6

On November 12,1992, after several formal hearings, the commissioner issued his initial finding and dismissal of the employer’s claim to transfer its worker’s compen[264]*264sation liability to the fund. On December 1, 1992, however, after the employer had filed several motions relating to the commissioner’s finding and dismissal of its transfer claim,7 the commissioner, sua sponte, reissued his opinion as a revised finding and award in favor of the employer. Thereafter, the employer again moved to correct the findings, which motion was granted on December 12, 1992. Thus, the commissioner’s final ruling consists of his sua sponte ruling of December 1, transferring the employee’s claim, as modified by his order of December 12.

The commissioner found that, although Meriden-Wallingford Hospital had failed to have the claimant’s acknowledgment approved by the commissioner when the claimant signed the acknowledgment in 1983, it was, nevertheless, valid to effectuate a transfer of liability to the fund pursuant to § 31-325 because the acknowledgment had been approved prior to the transfer. The commissioner further found that the acknowledgment, executed and approved dining the claimant’s employment with the veterans hospital, was valid, under the successor employer provision in § 31-325, to effectuate a transfer of liability to the fund.

The fund then petitioned the board to review the finding and award of the commissioner. The board sustained the fund’s appeal, reasoning that, because workers’ compensation liability is part of the employment contract, any alteration of the contract under § 31-325, namely, through an effective acknowledgment, must occur prior to the compensable injury. The board, therefore, concluded that, as of the date of the claimant’s injury, the employment contract did not include the rights and liabilities set forth in § 31-325. The employer [265]*265appealed from the decision of the board to the Appellate Court, and we transferred the appeal to this court pursuant to Practice Book § 4023 and General Statutes § 51-199 (c). We reverse the judgment of the board and reinstate the decision of the commissioner with regard to the Meriden-Wallingford Hospital acknowledgment.

The employer claims that the boar d improperly concluded that the Meriden-Wallingford Hospital acknowledgment was not valid to effectuate a transfer of liability from the employer to the fund. Specifically, the employer argues that: (1) approval by the commissioner is not required by § 31-325 because it is a directory provision, which, as a result of statutory changes in 1967, no longer affects the claimant’s substantive rights;8 and (2) even if we were to interpret the approval provision of § 31-325 as a mandatory requirement that must be satisfied before liability can be transferred from the employer to the fund, such approval need not occur [266]*266prior to the compensable injury. It need only occur before liability may be transferred. We agree that § 31-325 does not require preinjury approval of the claimant’s executed acknowledgment and, therefore, that in the present case, the approved acknowledgment served to effectuate a transfer of liability from the employer to the fund.

The question of whether a commissioner’s approval of an executed acknowledgment that occurs after the compensable injury may serve to effectuate a transfer of liability from an employer to the fund under § 31-325 presents an issue of statutory interpretation and, therefore, is a question of law regarding which our review is plenary. State v. Burns, 236 Conn. 18, 22, 670 A.2d 851 (1996).

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Cite This Page — Counsel Stack

Bluebook (online)
676 A.2d 857, 237 Conn. 259, 1996 Conn. LEXIS 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/izzo-v-meriden-wallingford-hospital-conn-1996.