Dechio v. Raymark Industries, Inc.
Dechio v. Raymark Industries, Inc.
Opinion of the Court
Opinion
This case presents an issue of first impression for this court regarding the time limitation for appeal from a decision of a workers’ compensation commissioner (commissioner) to the compensation review board (board) by the second injury fund (fund) under General Statutes § 31-301.
A review of the prolonged procedural history of the underlying claim is essential to the resolution of the
The plaintiff then sought relief from the automatic stay provisions of federal bankruptcy law
On December 23,2005, the Bankruptcy Court granted the plaintiffs motion for relief from the automatic stay and ordered Raymark’s automatic stay lifted so as to allow the plaintiff to seek an order directly against Raymark pursuant to the commissioner’s September 30, 2005 finding and award.
“As a threshold matter, we set forth the standard of review applicable to workers’ compensation appeals. ... It is well established that [although not dispositive, we accord great weight to the construction given to the workers’ compensation statutes by the commissioner and [the] board. ... A state agency is not entitled, however, to special deference when its determination of a question of law has not previously been subject to judicial scrutiny. . . . Whe[n] ... [a workers’ compensation] appeal involves an issue of statutory construction that has not yet been subjected to judicial scrutiny, this court has plenary power to review the administrative decision.” (Internal quotation marks omitted.) Kuehl v. Z-Loda Systems Engineering, Inc., 265 Conn. 525, 532, 829 A.2d 818 (2003).
Whether § 31-301 precludes the fund from timely appealing from the supplemental order directing it to compensate the plaintiff in the present case “raises a question of statutory construction, which is a [question] of law, over which we exercise plenary review. . . .
“When construing a statute, [o]ur fundamental objective is to ascertain and give effect to the apparent intent of the legislature. ... In other words, we seek to determine, in a reasoned manner, the meaning of the statutory language as applied to the facts of [the] case, including the question of whether the language actually does apply. ... In seeking to determine that meaning, General Statutes § l-2z directs us first to consider the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or unworkable results, extratextua! evidence of the meaning of the statute shall not be considered. . . . The test to determine ambiguity is whether the statute, when read in context, is susceptible to more than one reasonable interpretation.” (Internal quotation marks omitted.) Hees v. Burke Construction, Inc., 290 Conn. 1, 10, 961 A.2d 373 (2009).
Our analysis begins, therefore, with the language of the relevant provisions. General Statutes § 31-301 (a)
In resolving this issue, “we are mindful that the [workers’ compensation] act indisputably is a remedial statute that should be construed generously to accomplish its purpose. . . . The humanitarian and remedial purposes of the act counsel against an overly narrow construction that unduly limits eligibility for workers’ compensation. . . . Accordingly, [i]n construing workers’ compensation law, we must resolve statutory ambiguities or lacunae in a manner that will further the remedial purpose of the act. . . . [T]he purposes of the act itself are best served by allowing the remedial legislation a reasonable sphere of operation considering those purposes.” (Internal quotation marks omitted.) Deschenes v. Transco, Inc., 288 Conn. 303, 314-15, 953 A.2d 13 (2008). With these precepts in mind, we turn to the matter under review.
At issue here is the timeliness of the fund’s appeal to the board from the commissioner’s supplemental order directing it to compensate the plaintiff. Prior to and leading to that order, there were three separate findings and awards issued by commissioners in this case: the first was issued by the commissioner for the fourth district, Frank J. Verrilli, on June 24, 1988, who found, inter alia, that the plaintiff was entitled to workers’ compensation benefits under General Statutes
Our Supreme Court has stated that “[i]t has long been accepted that a system of laws upon which individuals,
In this appeal, we are presented with a procedural posture that is the converse, in a sense, of the usual scenario in which the finality of a commissioner’s decision is examined for a determination of whether that decision is a final judgment for the purposes of an appeal. Generally, these questions of finality arise in a context involving issues revolving around a subsequent necessary remand of an award from the board to the commissioner. See Hunt v. Naugatuck, 273 Conn. 97, 104, 868 A.2d 54 (2005) (when remand of matter to commissioner for further proceedings necessary, finality of board’s decision called into question). In this
In Levarge, the issue was “whether the decision of the . . . board . . . which affirmed the decision of the . . . commissioner that the defendants were collaterally estopped from relitigating the issue of causation, constitutes a final judgment or an otherwise appealable interlocutory order, thereby impheating [the court’s] subject matter jurisdiction.” Levarge v. Dynamics Corp., supra, 282 Conn. 387. After relating the facts and circumstances present, the court set forth the governing legal principles. Id., 390. The court stated that “the Appellate Court’s review of disputed claims of law and fact ordinarily must await the rendering of a final judgment by the [board]. . . . When the remand of a matter to the commissioner for further proceedings is necessary, the finality of the board’s decision is called into question .... In such circumstances, [t]he test that determines whether such a decision is a final judgment turns on the scope of the proceedings on remand: if such further proceedings are merely ministerial, the decision is an appealable final judgment, but if further proceedings will require the exercise of independent judgment or discretion and the taking of additional evidence, the appeal is premature and must be dismissed. . . . This rule is an application of the more general final judgment principle that an otherwise interlocutory order is appealable [when] (1) it terminates a
Levarge is also helpful to our analysis for its application of these principles to the facts and circumstances the court faced there. First, the court established that on remand, under the applicable statute, the commissioner had to apportion liability for the plaintiffs injuries between two insurers and the employer. Then, as a result, the court concluded that it was compelled to “determine whether apportionment constitutes a ministerial act or will require the exercise of independent judgment and the taking of additional evidence.” Id., 391. After interpreting the applicable statutes, the court concluded that, generally, “if the commissioner awards benefits, and there is a question as to the extent of liability of prior employers or successive insurers for the compensable injury, the commissioner must apportion liability among these employers or insurers within a reasonable period of time after the initial award.” Id. The court found that the record revealed that no such apportionment had taken place and that on remand the apportionment must be done. Id. The court then concluded that “[t]his determination will require a proceeding before the commissioner involving the production of evidence by all parties and a review of various medical and employment records. This court long has
We now must determine, under the circumstances, whether the October 25, 2006 supplemental order directing the fund to compensate the plaintiff resulted from further proceedings that were merely ministerial in nature, thus making the September 29, 2006 finding and award an appealable final judgment. See id., 390. Here, there was not the exercise of independent judgment or discretion and the taking of additional evidence on the part of the commissioner in regard to the issuing of the supplemental order against the fund. The commissioner, prior to issuing its supplemental order against the fund had to determine only one matter: whether Raymark compensated the plaintiff in the intervening days since the September 29, 2006 finding and award. This is so because in the September 30, 2005 finding and award, the commissioner had dismissed the claims against The Hartford, General Reinsurance and Zurich and found that the commission had no jurisdiction to determine the association’s liability. Unlike in the usual circumstance when this court is called on to determine if a decision of the board is an appealable final order, here the “further proceeding” has already occurred. That is, we are not called on to ascertain what the commissioner will do on remand but to determine what the commissioner did do and was required to do when he issued his supplemental order. There is nothing in the record to indicate that the commissioner in the proceeding that led to the issuance of the supplemental order exercised independent judgment or discretion and took evidence. More importantly, there is nothing to indicate that the commissioner was required to exercise independent judgment or discretion and to take evidence.
In light of Raymark’s prolonged bankruptcy, the express provisions of the Bankruptcy Court’s order granting the relief from automatic stay, the dismissal, more than one year prior, of all the defendant insurance
As a result of concluding that the September 29, 2006 finding and award was final for the purposes of an appeal by the fund, it is clear that the petition for review was not filed within the statutory mandate of § 31-301. In cases in which a party is represented by counsel, such as this case, the twenty day appeal period prescribed by § 31-301 (a) begins to run on the date that notice of a commissioner’s decision is sent to the party’s counsel. See Schreck v. Stamford, 250 Conn. 592, 600-601, 737 A.2d 916 (1999). The fund does not contend, nor does the record reflect, that notice of the September 29, 2006 finding and award was sent to it at a point in time that would bring its petition for review within the scope of § 31-301, and we will not here assume such a circumstance.
The decision of the workers’ compensation review board is affirmed.
In this opinion GRUENDEL, J., concurred.
General Statutes § 31-301 (a) provides in relevant part: “At any time within twenty days after entry of an award by the commissioner, after a decision of the commissioner upon a motion or after an order by the commissioner according to the provisions of section 31-299b, either party may appeal therefrom to the Compensation Review Board . . . .”
See Fimiani v. Star Gallo Distributors, Inc., 248 Conn. 635, 644-50, 729 A.2d 212 (1999); 1 A. Sevarino, Connecticut Workers’ Compensation After Reforms (3d Ed. 2002) § 8.00, pp. 1285-1408.
Section 31-354-12 of the Regulations of Connecticut State Agencies provides: “Payment [to a claimant under § 31-355 of the General Statutes] of compensation shall be paid from the Fund provided: (a) A formal hearing is held and the Second Injury Fund, the Attorney General’s Office, and Workers’ Compensation Department, were noticed to attend, (b) A finding and award is granted against the employer after notice to the employer, (c) Ten days have passed from the date of notice of the award to the employer and the claimant has not received payment and the employer has not instituted an appeal, (d) The claimant requests and is granted a supplemental order of payment against the Fund.” (Emphasis added.)
General Statutes § 31-355 (b) provides in relevant part: “When an award of compensation has been made under the provisions of this chapter against
Stec involves the fund, as well as Raymark Industries, Inc., and the same underlying issue of the appellant filing an appeal outside of the twenty day time period set out in General Statutes § 31-301 (a). This case differs from Stec in that here, the appellee did file a timely motion to dismiss the fund’s late appeal.
Raymark was formerly known as Raybestos-Manhattan, Inc.
General Statutes § 31-306 (a) provides in relevant part: “Compensation shall be paid to dependents on account of death resulting from an accident arising out of and in the course of employment or from an occupational disease . . .
Section 362 (a) of title 11 of the United States Code provides that the filing of a bankruptcy petition with the Bankruptcy Court “operates as a stay, applicable to all entities, of . . . the commencement or continuation ... of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the [bankruptcy case], or to recover a claim against the debtor that arose before the commencement of [the bankruptcy case].” The Bankruptcy Court has the power, however, to grant relief from the automatic stay. See 11 U.S.C. § 362 (d) through (g).
The association is a nonprofit legal entity established by General Statutes § 38a-839 and governed by the Connecticut Insurance Guaranty Association Act, which is codified at General Statutes § 38a-836 et seq. The association was established to reimburse, to a limited extent, covered claims against insolvent insurers. Here, the association, pursuant to its statutory mandate, was the successor of the Ideal Mutual Insurance Company, which insured Raymark’s blue collar employees in the early 1980s and was later acljudicated insolvent.
These formal hearings took place on December 3, 2002, and March 26, August 13 and November 19, 2003, and April 26 and June 24, 2004.
See General Statutes § 31-310.
The Bankruptcy Court issued an amended order for relief from the automatic stay on January 5, 2006. Both this amended order and the December 23,2005 order, were entered as evidence in the September 27,2006 formal hearing before the commissioner, which directly preceded the September 29, 2006 finding and award. The January 5, 2006 order from the Bankruptcy Court provides in relevant part: “The Connecticut Workers’ Compensation Commission is authorized to enter an order/award directly against debtors, Raymark ... in order to properly trigger the effect of ... § 31-355 for the purpose of allowing the movants to collect their duly awarded workers’ compensation benefits from the [fund]. The movants shall not seek to collect any damages, settlements, judgments and/or benefits from the debtors, Raymark ... or Raymark Corporation . . . individually or from the bankruptcy estate, and/or the Raytech Asbestos Personal Ipjuiy Trust . . . that are or may be awarded in the Workers’ Compensation Commission, but may seek, as allowed by law and consistent with this order, to collect said damages, settlements, judgments and/or benefits from the [fund].”
Zurich and The Hartford each filed a motion to dismiss, as well, and subsequently filed supporting memoranda of law. General Reinsurance also filed a motion to dismiss, but it was untimely and without a supporting memorandum of law.
We note that General Statutes § 31-301 (a) was amended in 2007 by Public Acts 2007, No. 07-31, “An Act Concerning The Workers’ Compensation Medical Practitioners’ Fee Schedule and Time For Piling A Workers’ Compensation Appeal.” This legislation added the following language to § 31-301 (a) effective October 1, 2007: “If a party files a motion subsequent to the finding and award, order or decision, the twenty-day period for filing an appeal of an award or an order by the commissioner shall commence on the date of the decision on such motion.”
The fund was not a party to this proceeding, as the record reveals that Raybestos-Manhattan (Raymark’s predecessor) was solvent at that time.
This finding and award determined, inter alia, the compensation rate to be paid to the plaintiff, as well as disposed of various claims the fund made against The Hartford, Zurich, General Reinsurance and the association.
Practice Book § 61-5 (a) provides in relevant part: “An appeal of a judgment. . . may be deferred until the judgment that disposes of the case for all purposes and as to all parties is rendered. ... [A] notice of intent to appeal must be filed in order to defer the taking of an appeal until the final judgment that disposes of the case for all purposes and as to all parties is rendered . . .
“(2) when the deferred appeal is to be taken from a judgment that disposes of only part of a complaint, counterclaim, or cross complaint but nevertheless disposes of all causes of action in that pleading brought by or against a particular party or parties.” Moreover, this section of the rules of appellate procedure is made applicable to appeals to the board from decisions of a commissioner by General Statutes § 31-301 (e), which provides in relevant part: “The procedure in appealing from an award of the commissioner shall be the same as the procedure employed in an appeal from the Superior Court to the Supreme Court, where applicable. ...”
We also note that “[t]he procedure In appealing from an award of the commissioner [to the board] shall be the same procedure employed in an appeal from the Superior Court to the Supreme Court, where applicable. . . General Statutes § 31-301 (e). The conclusion is further bolstered by the language of General Statutes § 31-300, which provides in relevant part: “If no appeal from the decision [of the commissioner] is taken by either party within twenty days thereafter, such award shall be final [and enforceable].”
Practice Book § 66-8 provides in relevant part: “Any claim that an appeal or writ of error should be dismissed, whether based on lack of jurisdiction, failure to file papers within the time allowed or other defect, shall be made by a motion to dismiss the appeal or writ. Any such motion must be filed . . . within ten days after the filing of the appeal . . . .”
Dissenting Opinion
dissenting. I respectfully dissent from the majority opinion, which concludes that the workers’ compensation review board properly dismissed the appeal of the second injury fund (fund). Until the workers’ compensation commissioner (commissioner) ordered the fund to pay the plaintiff, Lovie Dechio, the fund was not aggrieved, and there was no final judgment from which it could appeal. In other words, because the fund was under no obligation to pay the plaintiff until ordered to do so, there was no reason, or necessity, for the fund to file an appeal until the supplemental order was issued. The fact that the fund had reason to expect that such an order would be issued does not change my conclusion.
The following details of the procedural history are relevant to the fund’s appeal. On September 30, 2005, the commissioner issued a finding and award in which he found, among other things, that the defendant Raymark Industries, Inc. (Raymark), had not paid the plaintiff, as it had filed numerous petitions in bankruptcy.
On September 29, 2006, the commissioner issued another finding and award in which he ordered Raymark to pay all benefits noted in the October 3, 2005 finding and award. The commissioner also stated: “In the event that [Raymark] fails to pay this claim within [twenty] days, counsel for the [plaintiff] is to contact [the commissioner’s] office so that a supplemental finding and award can be issued against the [fund] pursuant to . . . [§] 31-355.”
I agree with the majority that the resolution of the fund’s appeal turns on the construction of § 31-355. Our
The question is whether the fund was aggrieved by the commissioner’s finding and award dated September 29, 2006, when the commissioner ordered Raymark to pay the plaintiff the benefits the commissioner found that she was due. “To be entitled to invoke the judicial process, a party must have suffered an aggrievement.” Kelly v. Dearington, 23 Conn. App. 657, 660, 583 A.2d 937 (1990). The fund was not aggrieved by the September 29, 2006 finding and award. Requiring the fund to pay the plaintiff was contingent on Raymark’s failing to pay and the commissioner’s issuing a supplemental order. In fact, the commissioner ordered the plaintiff to return for a supplemental order if she was not paid. Raymark’s failure to pay was a condition precedent to the fund’s being ordered to pay. The commissioner’s ruling on the request for a supplemental order could not be ministerial because the commissioner was required to make a finding as to whether Raymark had
Hummel v. Marten Transport, Ltd., 282 Conn. 477, 923 A.2d 657 (2007), provides guidance to the resolution of the issue in this case. Hummel concerns the application of the final judgment rule to appeals from the board under General Statutes § 31-301b. Hummel v. Marten Transport, Ltd., supra, 479. General Statutes § 31-301b provides that “[a]ny party aggrieved by the decision of the Compensation Review Board upon any question or questions of law arising in the proceedings may appeal the decision of the Compensation Review Board to the Appellate Court.” Our Supreme Court stated that “the Appellate Court’s review of disputed claims of law and fact ordinarily must await the rendering of a final judgment by the [board]. . . . When the board remands a case to the commissioner for further proceedings in connection with the challenged award, the finality of the board’s decision is called into question .... In such circumstances, [t]he test that determines whether such a decision is a final judgment turns on the scope of the proceedings on remand: if such further proceedings are merely ministerial, the decision is an appealable final judgment, but if further proceedings will require the exercise of independent judgment or discretion and the taking of additional evidence, the appeal is premature and must be dismissed. . . . Finally, because the existence of a final judgment is a jurisdictional prerequisite to an appeal, the reviewing court may dismiss the case on that ground even if the issue was not raised by the parties.” (Citations omitted; emphasis added; internal quotation marks omitted.) Hummel v. Marten Transport, Ltd., supra, 485.
Our Supreme Court “first imported a final judgment requirement into § 31-301b in Matey v. Estate of Dember, 210 Conn. 626, 556 A.2d 599 (1989). In Matey,
The case here is procedurally distinct from Hummel as it does not concern a remand from the board to the commissioner. Nonetheless, the majority resolves the propriety of the board’s dismissing the fund’s appeal by concluding that the commissioner’s supplemental order was merely ministerial. I respectfully disagree. When deciding whether to issue a supplemental order as to the fund, the commissioner necessarily had to consider evidence as to whether Raymark, or its insurers, had paid the plaintiff benefits. The supplemental order was contingent on the completion of the following requirements pursuant to § 31-355: “(1) the substantive and procedural requirements of the act have been met; (2) the award against the employer has been entered; and (3) the employer and its insurer have failed to pay." (Emphasis added.) Matey v. Estate of Dember, 256 Conn. 456, 487-88, 774 A.2d 113 (2001) (Matey II). Implicitly and necessarily, the commissioner had to find that Raymark and its insurers had not paid the plaintiff
Although the board here relied on Matey II to support its decision to dismiss the fund’s appeal, that case actually supports the fund’s position with respect to the timeliness issue. In Matey II, “the plaintiff repeatedly argued that the fund was barred from raising the jurisdictional claim on appeal to the board because it had not done so within [the appeal period] after the October 2, 1990 finding and award. That award, however, was not directed against the fund, but against Dember’s estate. An order against the fund was not entered until February 25, 1991, when the fund filed a timely motion to open.” (Emphasis added.) Matey v. Estate of Dember, supra, 256 Conn. 474; see also Coley v. Camden Associates, Inc., 243 Conn. 311, 314 n.4, 702 A.2d 1180 (1997) (“[t]he decision from which the fund appeals is separate and independent from the appeal to the board by the employer and the insurer”). The portion of Matey II on which the board relied, Matey v. Estate of Dember, supra, 488-94; concerns the merits of the fund’s appeal in that case. It does not apply to the question of whether the appeal was timely.
I concur with the majority’s assertion that the Workers’ Compensation Act, General Statutes § 31-275 et seq., “is a remedial statute that should be construed generously to accomplish its purpose.” Deschenes v. Transco, Inc., 288 Conn. 303, 314, 953 A.2d 13 (2008). The remedial nature of the statute, however, does not provide a basis for deciding this case. The commissioner’s finding and award of September 29, 2006, gave Raymark, or its insurers, twenty days in which to pay
For the foregoing reasons, I respectfully dissent.
The commissioner found that the fund objected to being made a party to the plaintiffs claim, “contending, among other things, that there was insurance coverage in place and that . . . General Statutes [§] 31-355 does not apply. It further contends that the June 24, 1988 finding and award was not proper.”
Reference
- Full Case Name
- Lovie Dechio v. Raymark Industries, Inc., Et Al.
- Cited By
- 12 cases
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- Published