Opinion
CASE NO. 1462 CRB-3-92-7
MARCH 15, 1994
The claimant was represented by Richard L. Gross, Esq., Cantor, Floman, Russell Gross.
The respondents were represented by Richard G. Kascak, Jr., Esq., Mihaly, Mihaly Kascak.
This Petition for Review from the July 15, 1992 Finding and Award of the Commissioner At Large acting 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
The trier found claimant suffered a compensable injury from exposure to poor air exchange at her place of employment January 1989 through November 6, 1989, identified as "Tight Building Syndrome." However, he rejected her claim that she suffers from a work-related injury or occupational disease known as Multiple Chemical Sensitivity Syndrome, finding she "is suffering from atopic or allergic disease with seasonal hay fever and nasal congestion as well chronic anxiety with hyperventilation syndrome which is not work-related."
She seeks certain corrections to the finding and bases her contention on some factual allegations clearly in dispute. Other allegations seem to be based on undisputed evidence. However, a trier's findings will not 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).
She argues the trial commissioner should have concluded that her condition was work-related. But, the conclusion reached by the trial commissioner depended upon the weight and credibility accorded the evidence. We will not disturb conclusions so based. Neal v. UTC/Pratt Whitney, 10 Conn. Workers' Comp. Rev. Op. 163, 1199 CRD-8-91-3 (1992). It was 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.