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Morris v. A & A Acoustics

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.

OPINION

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.

 



   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.