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consider the fraudulent loans taken out in plain- told Fanelli that she wanted to file a claim, and
tiff ’s name in relation to the separation agree- Fanelli allegedly told her “not to worry about
ment. Each defendant filed a motion for sum- it,” because she had two years to file a claim.
mary judgment. The court first noted that even Claimant later received a letter and prescrip-
if there were a fiduciary duty during the pre- tion card from insurer BerkleyNet. In Novem-
dissolution-filing timeframe, the plaintiff was ber 2016, she was contacted by a BerkleyNet
still required to establish affirmative conduct representative, to whom she gave a 25-minute
relating to concealment or at least non-disclo- recorded statement over the phone, describing
sure during the marital dissolution process, but her accident and the treatment she had received.
did not do so. Defendants established that the In March 2017, she received a letter from Berk-
statute of limitations barred plaintiff ’s claims leyNet referencing her “workers’ compensation
relating to civil theft, conspiracy, and violation claim from November 27, 2015.” The letter ad-
of Connecticut Unfair Trade Practices Act, and vised her that BerkleyNet wanted her to sub-
the court granted defendants’ motion as to those mit to two medical examinations, which claim-
claims. As to the intentional infliction of emo- ant did. Claimant believed throughout that her
tional distress claim, defendant proved there claim had already been filed. Upon learning that
was no conduct that happened within the three- she needed to file a form 30C, she did so in June
year limitation period, but did not remove the 2017. Respondents subsequently challenged
issue of timing of the conduct for the negligent both jurisdiction and compensability, arguing
infliction of emotional distress claim. that claimant had not timely filed her form 30C
within one year of her accident. After trial, the
commissioner denied and dismissed the claim in
COMPENSATION REVIEW BOARD its entirety due to lack of subject matter juris-
diction, finding that claimant had failed to meet
the statutory requirements for filing a claim. The
EMPLOYMENT LITIGATION • review board reversed, finding that the commis-
ADMINISTRATIVE LAW sioner erred in failing to consider the totality of
the circumstances. Claimant’s employer and its
insurer both had both written and verbal notice
Totality of Circumstances Supported of her injury, and the employer also had con-
Finding of Timely Notice of Claim temporaneous knowledge of claimant’s fall and
resulting injuries. The insurer further behaved
CASE: Fieldhouse v. Regency Coachworks, Inc. throughout as if a claim had been filed, and re-
COURT: Compensation Review Board peatedly referenced a “claim” in its communica-
DOC. NO.: 6344 CRB-2-19-8 tions with claimant. On this record, respondents
COURT OPINION BY: Morelli could not reasonably contend that they lacked
DATE: August 12, 2020 • PAGES: 22 notice of claimant’s injury.

The Compensation Review Board reversed the
trial commissioner’s denial and dismissal of
claimant’s claim, holding that the totality of U.S. DISTRICT COURT
the circumstances supported a finding that re-
spondents received timely notice of the claim.
On November 27, 2015, claimant fell down
some stairs at her place of work. Her supervisor CONTRACTS

helped her back to her desk and later gave her Court Denied Plaintiff’s Motion for
permission to leave work to seek medical atten-
tion. Claimant went directly to a medical clinic, Summary Judgment, Finding No
paying for the appointment using her personal Evidence of a Written Contract for the
health insurance. She subsequently underwent Work Performed
further tests and treatment, all of which she
paid for herself. She eventually told her supervi-
sor she wanted to file a claim. He told her to go CASE: Trustees of the Iron Workers’ Locals 15 & 424 Pen-
ahead. She went to the office of the company’s sion Fund v. Liberty Mut. Ins. Co.
COURT: U.S. District Court for Connecticut
workers’ compensation insurance agency, where DOC. NO.: 3:18-cv-00157
representative Stephanie Fanelli helped her to COURT OPINION BY: Bolden
fill out a First Report of Injury. She specifically DATE: August 21, 2020 • PAGES: 40

CONNECTICUT
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