Tscheppe v. H.B. Ives Company

The claimant was represented by James C. Mulholland, Esq., Mulholland and Keily, 274 Silas Deane Highway, Wethersfield, CT 06109.

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

This Petition for Review from the February 18, 1992 Finding and Denial of Compensability of the Commissioner for the Third 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 appeal is from the Third District February 18, 1992 denial of his claim for benefits arising from an alleged back injury of July, 1988.

Arguing first that certain findings should be corrected and other findings should be added, claimant bases his contention on some factual allegations clearly in dispute. Other allegations seem to be based on undisputed evidence. However, a trier’s findings cannot be changed if the requested correction would not alter the legal conclusion. Hill v. Pitney Bowes, Inc., 8 Conn. Workers’ Comp. Rev. Op. 98, 832 CRD-7-89-3 (1990).

Next he asks this tribunal to retry the facts by contending he had met his burden of proof as to compensability. But we cannot substitute our findings for those of the commissioner, the trier of facts. Fair v. People’s Savings Bank, 207 Conn. 535, 538-42 (1988). Here, the trier did not credit the claimant’s version as there were gaps and inconsistencies in the evidence. “The trier of the facts determines with finality the credibility of the witnesses and the weight to be accorded their testimony.” (Internal quotation marks omitted.) Miller v. Kirshner, 225 Conn. 185, 198 (1993); State v. Robinson, 213 Conn. 243, 256 (1989). Thus, the commissioner was free to believe some, all or none of the claimant’s testimony. State v. Sherbacow, 21 Conn. App. 474, 480, cert. denied, 216 Conn. 808 (1990). As the conclusions reached from the facts found did not result from incorrect applications of law or from inferences illegally or unreasonably drawn from those facts, those conclusions must stand. Fair v. People’s Savings Bank, supra, 539.