Opinion
CASE NO. 942 CRD-5-89-11
APRIL 15, 1991
The claimant was represented by Edward T. Dodd, Esq.
The respondent was represented at the trial level by Cheryl Hricko, Esq., Corporation Counsel and on appeal by Thomas H. Cotter, Esq., Cotter, Cotter Sohon, P.C.
This Petition for Review from the November 2, 1989 Finding and Dismissal of the Commissioner for the Fifth District was heard October 26, 1990 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and James Metro.
OPINION
Claimant seeks review of the Fifth District's dismissal of his claim. Voluntary Agreements, approved March 25, 1985 and June 24, 1986, set out that the claimant sustained a herniated disc injury at L4-5 January 7, 1985. He underwent surgery January 18, 1985. He retired on disability in 1986 from service with this employer. On December 28, 1986 while he was seated on a bench in a clothing store, the bench boned and he felt a twisting of his body and pain similar to that incurred after the January 1985 compensable injury. On December 30, 1986 he underwent further surgery.
The commissioner below concluded that the twisting of claimant's body December 28, 1986 caused a new injury at the 1985 injury site and that site was susceptible to injury because of the prior trauma. See paragraph #11. He further concluded that the new injury was not caused in at, uninterrupted chain of causation stemming from the 1985 compensable event.
The issue presented for review is in essence a factual determination. See e.g., Kroczewski v. Old Fox Chemical, Inc., 8 Conn. Workers' Comp. Rev. Op. 13, 730 CRD-1-88-5 (1990); Glynn v. Terry Corporation, 8 Conn. Workers' Comp. Rev. Op. 87, 806 CRD-2-89-1 (1990). As such we are limited on review to determining whether there was evidence to support the trial commissioner's conclusion and whether the conclusion was contrary to law or based on impermissible or unreasonable factual inferences. Fair v. People's Savings Bank, 207 Conn. 535 (1988).
Evidence was presented below that Dr. Robert P. Hendrikson, M.D. found claimant had sustained a new injury December 28, 1986. This doctor's January 29, 1988 report (Joint Exh. 11) together with the other evidence presented substantially supports the trial commissioner's conclusion.
We therefore affirm the trial commissioner's Finding and Dismissal.
Commissioners Robin Waller and James Metro concur.