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CASE NO. 1488 CRB-7-92-8
COMPENSATION REVIEW BOARD
WORKERS’ COMPENSATION COMMISSION
MARCH 22, 1994
JOHN MORRIS
CLAIMANT-APPELLANT
v.
A & A ACOUSTICS
EMPLOYER
and
EMPLOYERS INSURANCE OF WAUSAU
INSURER
RESPONDENTS-APPELLEES
APPEARANCES:
The claimant appeared pro se. He was also represented by Martin F. Landgrebe, Esq., Ventura, Ribeiro & Landgrebe, 52 Federal Road, Danbury, CT 06810.
The respondents were represented by David C. Davis, Esq., McGann, Bartlett & Brown, 281 Hartford Turnpike, Vernon, CT 06066.
This Petition for Review from the August 5, 1992 Finding and Award of the Commissioner for the Seventh District was heard June 11, 1993 before a Compensation Review Board panel consisting of the Commission Chairman Jesse Frankl and Commissioners George A. Waldron and Donald H. Doyle, Jr.
JESSE FRANKL, CHAIRMAN. The claimant has petitioned for review of the Seventh District Commissioner’s August 5, 1992 Finding and Award. We have previously denied his motions to submit additional evidence dated August 13, 1992 and September 30, 1992. In this appeal, the claimant challenges the trial commissioner’s conduct of the formal hearing and the trial commissioner’s findings and conclusions.
The power and the duty of determining the facts rests on the commissioner, the trier of facts. Fair v. People’s Savings Bank, 207 Conn. 535, 539-42 (1988). As an appellate tribunal, we cannot disturb the commissioner’s conclusions unless they are without evidence, are contrary to law or based on unreasonable or impermissible factual inferences. Id., 539. Affording the claimant’s challenge to the commissioner’s conclusions the appropriate standard of review, we find nothing in the record to justify appellate interference. Additionally, the claimant’s challenge to the impartiality of the commissioner in his conduct of the formal hearing is not supported by the record.
We, therefore, affirm the trial commissioner and deny the appeal.
Commissioners George A. Waldron and Donald H. Doyle, Jr. concur.
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CRB OPINIONS AND ANNOTATIONS |