The Appellate Court's 2000 decision in Schiano v. Bliss Exterminating Company, stands for the proposition that under C.G.S. §31-278, §31-293 and §31-352, the commissioner is entitled to know an employee's portion of a settlement with a third party to determine what part could be allocated to a moratorium of workers' compensation benefits by the employer; however, nothing in Schiano suggests that the commissioner has the authority to approve the reasonableness of an employee's settlement with a third party tortfeasor or interfere with the amount recovered by a consortium claimant.
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Lubrano v. Mohegan Sun Casino
Connecticut Appellate Court
October 29, 2012
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