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Workers' Compensation Appellate Court Opinion

by Townsend, Karen


AC44138 - Bellerive v. Grotto, Inc. (“On appeal, Grotto claims that (1) Liberty’s notice of cancellation of the policy pursuant to General Statutes § 31-3481 was ineffective because it did not meet the requirements of General Statutes § 31- 321,2 (2) the board erred in its narrow reading of Yelunin v. Royal Ride Transportation, 121 Conn. App. 144, 994 A.2d 305 (2010), by adopting the rule that, ‘after the expiration of the fifteen day period following notice of cancellation only unequivocal evidence of an intent to continue or reinstate coverage would be sufficient to support the commissioner’s conclusion that [Liberty’s] coverage remained in force on March 1, 2016,’ (3) the commissioner concluded properly that he had the authority to determine common-law issues when they were incidentally necessary to the resolution of a claim arising under the Workers’ Compensation Act (act), General Statutes § 31-275 et seq.,3 and (4) common law principles including negligence, misrepresentation, waiver, and estoppel, support the commissioner’s finding that coverage was in place on the date of loss. We conclude that the policy was effectively cancelled on November 3, 2015, and, accordingly, we affirm the decision of the board”)