Opinion
CASE NO. 46-CRD-6-81
AUGUST 3, 1982
The Claimant-Appellant was represented by Harold Geragosian, Esq.
The Employer-Appellee, City of New Britain, was represented by Joseph Skelly, Esq., Assistant Corporation Counsel.
The Insurer-Appellee, Aetna Life Casualty Company, was represented by James L. Pomeranz, Esq.
This Petition for Review from the January 8, 1981 Decision of the Commissioner for the Sixth District was argued February 19, 1982 before a Compensation Review Division Panel consisting of Commissioners John Arcudi, A. Paul Berte and Darius Spain.
OPINION
Claimant was a regular uniformed member of the New Britain Police Department assigned to duty as a Motorcycle Patrol Officer, December 12, 1967 when he suffered heart disease, a myocardial infarction. He made a claim under Chapter 568 that the injury then sustained arose out of and in the course of the employment.
Commissioner Edward D. O'Brien, Sr. of the Sixth District denied the claim in a Finding and Dismissal of Claim issued January 8, 1981. The Claimant filed a Petition for Review January 16, 1981. At that time he ordered a complete transcript in order to perfect his appeal. The transcript was not immediately available, and Commissioner O'Brien granted extension of time for claimant to file a Motion to Correct. Commissioner O'Brien retired February 1, 1981, and his successor in the Sixth District continued to grant Claimant extensions of time until December 30, 1981.
On December 30, 1981 claimant filed his Motion to Correct. Unfortunately, Commissioner O'Brien died October 9, 1981. Therefore the Motion to Correct was never decided, vide Foley vs. City of New Britain, 47-CRD-6-81. For the reasons set forth in our opinion, Foley vs. City of New Britain, supra, released today, the matter is remanded to the Sixth District for further proceedings to complete district level adjudication in conformity with the instructions there set forth.