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KELLEY v. NEW ENGLAND RAILROAD CONSTRUCTION CO.

(AC 15947)

45 Conn. App. 448 (1997)

PETER KELLEY v. NEW ENGLAND RAILROAD CONSTRUCTION COMPANY, INC., ET AL.

Appellate Court of Connecticut.

Officially released June 17, 1997.

Attorney(s) appearing for the Case

Matthew B. Beizer, assistant attorney general, with whom, on the brief, were Richard Blumenthal, attorney general, and William J. McCullough, assistant attorney general, for the appellant (defendant second injury fund).

Timothy E. Welsh, for the appellee (named defendant et al.).

O'Connell, Hennessy and Mihalakos, JS.

Opinion

MIHALAKOS, J.

The question presented in this appeal is whether the compensation review board improperly affirmed the trial commissioner's determination that the notice of the defendant Wausau Underwriters Insurance Company (insurer) to the second injury fund (fund) of its intent to transfer liability to the fund was timely under the requirements of General Statutes § 31-349.

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