State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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Greenwood v. Perkin Elmer Corporation

CASE NO. 1517 CRB-7-92-9

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

APRIL 26, 1994

ARTHUR J. GREENWOOD

CLAIMANT-APPELLEE

v.

PERKIN ELMER CORPORATION

EMPLOYER

and

LIBERTY MUTUAL INSURANCE CO.

INSURER

RESPONDENTS-APPELLANTS

APPEARANCES:

The claimant was represented by Brendan T. Canty, Esq., Reid, Corero & Corsello, P.O. Box 2108, Belden Station, Norwalk, CT 06852-2108.

The respondents were represented by Kevin J. Maher, Esq., Maher & Williams, P.O. Box 269, Bridgeport, CT 06601.

This Petition for Review from the September 21, 1992 Supplemental Finding and Award No.l of the Commissioner for the Seventh District was heard September 10, 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 respondents contend that the commissioner improperly found (1) that the claimant suffered a traumatic brain injury as a result of a June 17, 1980 compensable injury and (2) that the respondents were aware, or should have been aware, from the outset of the case that there was a claim of a head injury in addition to the back and neck injuries previously resolved by Voluntary Agreement. We affirm the trial commissioner.

In the present case, the commissioner had before him conflicting medical opinion evidence as to the claimant’s condition and its cause. There was competent evidence that the claimant sustained a traumatic brain injury as a result of his June 17, 1980 workplace accident and that the respondents were aware or should have been aware of the head injury claim in a timely fashion. Under such circumstances, we are obligated to uphold the commissioner’s conclusion. Pereira v. State, 228 Conn. 535, 543-45 (1994); Fair v. People’s Savings Bank, 207 Conn. 535, 539 (1988).

We, therefore, affirm the trial commissioner and deny the appeal.

Additionally, pursuant to Sec. 31-301c, we grant interest at the rate permitted by statute on any amount remaining unpaid during the pendency of the appeal.

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

Workers’ Compensation Commission

Page last revised: October 21, 2015

Page URL: http://wcc.state.ct.us/crb/1994/1517crb.htm

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