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Castelvetro v. Gravymaster, Inc.

CASE NO. 1463 CRB-3-92-7

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

MARCH 15, 1994

CARMEL CASTELVETRO

CLAIMANT-APPELLANT

v.

GRAVYMASTER, INC.

EMPLOYER

and

CHUBB INSURANCE

INSURER

RESPONDENTS-APPELLEES

APPEARANCES:

The claimant appeared pro se.

The respondents were represented by Richard G. Kascak, Jr., Esq., Mihaly, Mihaly & Kascak, 925 White Plains Road, Trumbull, CT 06611.

This Petition for Review from the July 15, 1992 Finding and Award of the Commissioner At Large for the Third District was heard April 30, 1993 before a Compensation Review Board panel consisting of Commissioners John Arcudi, James J. Metro and Angelo L. dos Santos.

OPINION

JOHN A. ARCUDI, COMMISSIONER. The trier found claimant suffered a compensable injury from exposure to poor air exchange at her place of employment from January 1989 through February 5, 1990, identified as “Tight Building Syndrome.” However, he rejected the claim that she sustained multiple chemical sensitivities due to work, finding instead that she suffers from chronic anxiety with classical hyperventilation syndrome.

Claimant’s appeal contends the trial commissioner improperly denied her claim for multiple chemical sensitivities. She argues the commissioner should not have relied upon the testimony of Dr. Thomas Godar as to the cause of her condition.

The decision reached below depended upon the weight and credibility accorded the evidence. Neal v. UTC/Pratt & Whitney, 10 Conn. Workers’ Comp. Rev. Op. 163, 1199 CRD-8-91-3 (1992). It was within the province of the trier to resolve any inconsistencies or contradictions in the evidence. See Miller v. Kirshner, 225 Conn. 185, 198-99 (1993); Pereira v. State of Connecticut/Department of Children and Youth Services, 10 Conn. Workers’ Comp. Rev. Op. 229, 1209 CRD-7-91-4 (1993). As the conclusions reached from the facts found did not result from incorrect applications of law or from inferences illegally or unreasonably drawn, those conclusions must stand. Fair v. People’s Savings Bank, 207 Conn. 535, 539 (1988).

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

Commissioners James J. Metro and Angelo L. dos Santos concur.

 



   You have reached the original website of the
   Connecticut Workers' Compensation Commission.

   Forms, publications, statutes, and most other
   information is now located at our NEW site:
   PORTAL.CT.GOV/WCC

CRB OPINIONS AND ANNOTATIONS
 
ARE STILL LOCATED AT THIS SITE WHILE IN THE
PROCESS OF BEING MIGRATED TO OUR NEW SITE.

Click to read CRB OPINIONS and CRB ANNOTATIONS.