Opinion
CASE NO. 977 CRD-4-90-2
JULY 17, 1991
The claimant was represented by Robert R. Sheldon, Esq., Tremont Sheldon.
The respondents were represented by Jeffrey G. Schwartz, Esq., Montstream May.
This Petition for Review from the February 6, 1990 Finding and Award of the Commissioner for the Fourth District was heard January 25, 1991 before a Compensation Review Division panel consisting of the Commissioner Chairman, John Arcudi, and commissioners Andrew Denuzze and Susan Creamer.
OPINION
On January 21, 1987 claimant slipped and fell on ice in the employer's parking lot. The commissioner found that to be a compensable injury which accelerated or triggered an aseptic necrosis of the right hip joint. Consequently, claimant underwent reconstructive surgery to the right hip in August, 1987.
The appeal attacks may of the factual findings which support the legal conclusions reached by the trial commissioner. The factual findings which respondents seek to correct generally relate to issues on which there was conflicting evidence. This tribunal cannot set aside a commissioner's factual findings unless they are without evidence or fail to include material facts which are admitted or undisputed. Grady v. St. Mary's Hospital, 179 Conn. 662 (1980) (citation omitted). Also we need not consider corrections the granting of which would not alter the legal outcome. Hill v. Pitney Bowes, Inc., 8 Conn. Workers' Comp. Rev. Op. 98, 832 CRD-7-89-3 (1990).
The corrections sought which could arguably affect the ultimate legal conclusions concern the weight and credibility accorded the evidence by the trier. Testimony given by Dr. William S. Lewis (claimant's treating physician) in his June 13, 1988 deposition supports the trial commissioner's findings. Further testimony by the Respondents' experts, Dr. MacEllis K. Glass and Dr. Robert Fisher, tends to be somewhat supportive of the commissioner's conclusions. (Deposition, MacEllis K. Glass, M.D., January 4, 1989 at 55-57; TR Oct. 5, 1989, at 58-62.)
We therefore, affirm the Fourth District's February 6, 1990 Finding and Award and dismiss the appeal.
Commissioners Andrew Denuzze and Susan Creamer concur.