Menard v. Town of East Windsor

CASE NO. 1400 CRB-1-92-3

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

FEBRUARY 1, 1994

VALERIE MENARD

CLAIMANT-APPELLANT

v.

TOWN OF EAST WINDSOR

EMPLOYER

and

THE HARTFORD INSURANCE GROUP

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant appeared pro se.

The respondents were represented by Lucas D. Strunk, Esq. and Anne Kelly Zovas, Esq. of Pomeranz, Drayton and Stabnick, 95 Glastonbury Boulevard, Glastonbury, CT 06033-4412.

This Petition for Review from the March 20, 1992 Finding and Dismissal of the Commissioner for the First District was heard January 22, 1993 before a Compensation Review Board panel consisting of Commissioners John A. Arcudi, Donald H. Doyle, Jr. and Roberta S. D’Oyen.

OPINION

JOHN A. ARCUDI, COMMISSIONER. Claimant’s pro se appeal attempts to raise some issues on matters occurring after the hearing below, matters not included in the evidentiary hearing before the trier. We cannot consider those. Essentially, claimant argues the commissioner should have found she suffered a compensable back injury November 13, 1989 and further that testimony given by her co-workers in the March 10, 1992 hearing was not credible.

The appeal mounts a wholesale attack on the commissioner’s findings and ultimate legal conclusion. But no Motion to Correct was filed. Therefore, the trier’s findings must stand. Mack v. Blake Drug Co., 152 Conn. 523 (1965); Lynch v. Red Star Express, 10 Conn. Workers’ Comp. Rev. Op. 75, 1133 CRD-3-90-11 (1992); McCarthy v. 10 Star Corporation, 10 Conn. Workers’ Comp. Rev. Op. 64, 1134 CRD-2-90-11 (1992).

Moreover, claimant did not file a transcript of evidence with her appeal. We therefore cannot ascertain on what evidence she relies for her legal claims. See Practice Book Sec. 4061. See also, Lilley v. Larry’s Sales & Repair, 11 Conn. Workers’ Comp. Rev. Op. 188, 190 n. 3, 1408 CRB-2-92-4 (1993). Additionally, claimant also failed to file a brief.

We, therefore, affirm the First District’s Finding and Dismissal of March 20, 1992.

Commissioners Donald H. Doyle, Jr. and Roberta S. D’Oyen concur.