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SCHIANO v. BLISS EXTERMINATING CO.

(SC 16540)

260 Conn. 21 (2002)

JAMES SCHIANO v. BLISS EXTERMINATING COMPANY ET AL.

Supreme Court of Connecticut.

Officially released April 9, 2002.

Attorney(s) appearing for the Case

Karla A. Turekian, assistant attorney general, with whom were Richard R. Hine, assistant attorney general, and, on the brief, Richard Blumenthal, attorney general, and William J. McCullough, assistant attorney general, for the appellant-appellee (defendant second injury fund).

Richard G. Kascak, Jr., with whom, on the brief, was Serge G. Mihaly, for the appellee-appellant (plaintiff).

Sullivan C. J., and Borden, Katz, Palmer and Vertefeuille, Js.

Opinion

KATZ, J.

The principal issue in this appeal is whether the defendant second injury fund (fund) may be assessed a penalty, pursuant to General Statutes § 31-3031 of the Workers' Compensation Act (act), on attorney's fees it paid after the prescribed time limitation for "[p]ayments due under an award," when the fees were included in an award pursuant to General Statutes...

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