Moore v. M & L Building

CASE NO. 1238 CRD-8-91-5

COMPENSATION REVIEW BOARD/DIVISION

WORKERS’ COMPENSATION COMMISSION

FEBRUARY 23, 1993

JASON MOORE

CLAIMANT-APPELLANT

v.

M & L BUILDING

EMPLOYER

and

AETNA CASUALTY & SURETY CO.

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant was represented by John Quinn, Esq., Furniss and Quinn, 248 Hudson Street, Hartford, CT 06106.

The respondents were represented by Jason Dodge, Esq., and Margaret Corrigan, Esq., both of Pomeranz, Drayton and Stabnick, 95 Glastonbury Boulevard, Glastonbury, CT 06033-4412.

This Petition for Review from the May 19, 1991 Finding and Dismissal of the Commissioner for the Eighth District was heard April 24, 1992 before a Compensation Review Board panel consisting of the then Commission Chairman, John Arcudi and Commissioners Robin Waller and Angelo L. dos Santos.

OPINION

JOHN ARCUDI, COMMISSIONER. This appeal contests the Eighth District dismissal of the claim. Claimant alleged he suffered a back injury at work Monday, October 1, 1990 when he, a plumber’s apprentice, was moving boiler sections weighing about 600 to 700 pounds and felt a “pull” in his back.

The commissioner found claimant continued to work through October 5, 1990, the end of the work week. He did not report the alleged October 1, 1990 accident to anyone at work but on October 5 he inquired about filing a Workers’ Compensation claim. He also found claimant engaged in arm wrestling at Michael’s Cafe October 5 and, to one observer, did not appear to be suffering from a back injury.

We cannot disturb the trier’s conclusions when, as here, they are based on the weight and credibility to be accorded the evidence presented, Rivera v. Guida’s Dairy, 167 Conn. 524 (1975); Wheat v. Red Star Express Lines, 156 Conn. 295 (1968). The commissioner heard the claimant and the other evidence. His conclusions must stand.

We therefore affirm the May 14, 1991 Finding and Dismissal and dismiss claimant’s appeal.

Commissioner Robin Waller and Angelo L. dos Santos concur.