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Laprey v. N. Grondhal & Sons

CASE NO. 1380 CRB-2-92-1

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

DECEMBER 23, 1993

GERARD LAPREY

CLAIMANT-APPELLANT

v.

N. GRONDHAL & SONS

EMPLOYER

and

AETNA CASUALTY & SURETY CO.

INSURER

RESPONDENTS-APPELLEES

and

SECOND INJURY FUND

RESPONDENT-APPELLEE

APPEARANCES:

The claimant was represented by Mark Oberlatz, Esq., O’Brien, Shafner, Stuart, Kelly and Morris, P. C., P. O. Drawer 929, Groton, CT 06340.

The respondents were represented by Robert D. McGann, Esq. and Robert Enright Esq. both of McGann, Bartlett and Brown, 281 Hartford Turnpike, Suite 401, Vernon, CT 06066.

The Second Injury Fund was represented at the trial level by Gerard Rucci, Assistant Attorney General, 55 Elm Street, P. O. Box 120, Hartford, CT 06101-0120. However, the Second Injury Fund did not appear at oral argument.

This Petition for Review from the January 28, 1992 Finding and Dismissal of the Commissioner for the Second District was heard March 12, 1993 before a Compensation Review Board panel consisting of the Commission Chairman Jesse Frankl and Commissioners George A. Waldron and Donald H. Doyle, Jr.

OPINION

JESSE FRANKL, CHAIRMAN. The claimant has petitioned for review from the Commissioner of the Second District’s January 28, 19921 Finding and Dismissal. In that Finding and Dismissal the trial commissioner dismissed the claimant’s claim for a knee injury alleged to have occurred on January 17/18, 1990.

Whether the claimant sustained a knee injury which arose in and out of his course of employment is a factual determination. The conclusions drawn by the commissioner from the facts found must stand and will not be disturbed unless contrary to law, without evidence or based on unreasonable or impermissible factual inferences. Fair v. People’s Savings Bank, 207 Conn. 535 (1988). In the instant matter, there is some conflicting evidence as to whether the injury occurred on January 17 or 18, 1990. Claimant testified that the injury occurred on January 18, 1990. However, the evidence shows that claimant did not work that day. (Oct. 11, 1990 Formal Hearing Transcript p. 10) On January 19, 1990, claimant went to the hospital where he alleged he injured his knee when his boot got stuck in concrete that he was pouring at work. (Respondent’s Exhibit 2) Nevertheless, the claimant who was treated by two physicians in January and February, did not mention a knee injury but merely related complaints stemming from a back injury. Consequently, the trier found that because there was a lack of any report of knee derangement symptoms to the physicians who treated the claimant in January and February, the claimant did not suffer a compensable injury. Thus, as the commissioner’s factual findings and conclusions were predicated on the weight and credibility accorded the evidence before him, the conclusion reached will not be disturbed. Rivera v. Guida’s Dairy, 167 Conn. 524 (1975).

We affirm the trial commissioner’s January 28, 1992 Finding and Dismissal.

Commissioners George A. Waldron and Donald H. Doyle, Jr. concur.

1 The commissioner’s Finding and Dismissal was dated January 28, 1991. This appears to be a scrivener’s error. BACK TO TEXT

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State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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