Opinion
CASE NO. 549 CRD-1-87
OCTOBER 21, 1988
The claimant was represented by Gregg D. Adler, Esq., Kestell, Pogue Gould.
The respondents were represented by Richard J. Kenny, Esq., Howard, Kohn, Sprague Fitzgerald.
This Petition for Review from the January 2, 1987 Finding and Denial of the Commissioner for the First District was heard May 20, 1988 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Gerald Kolinsky and Andrew Denuzze.
OPINION
Claimant became ill January 30, 1983 while loading groceries into a 45-foot truck. He left work but continued to feel ill throughout that day. The following day he saw his family physician and was found to be suffering from an acute myocardial infarction.
The First District denied his claim in a January 2, 1987 Finding and Denial of Claim. On appeal claimant contends that the only medical testimony was that of Dr. David A. Ballan and Dr. Michael Rossi. He asserts both those doctors testified that the infarction and subsequent disability were causally related to the employment. Essentially, his argument is that in the absence of contrary medical evidence the Commissioner should have awarded benefits.
Thus stated, the appellant's argument is not tenable. The entire burden of non-persuasion with respect to proof that an injury occurred as described by claimant and that such injury and subsequent disability arose out of and in the course of the employment rests on the claimant. It may very well be that the doctors' conclusions as to causation were based on the history given the physicians. If the Commissioner did not credit that history no contrary medical testimony would be needed to support the holding that claimant had not sustained his burden of proof.
However, even if that be the process by which the decision below was reached, the findings of the trial Commissioner are incomplete. Fairness requires that the medical opinions as to causality should have been included in those findings and that proper explication be given as to why those opinions were not persuasive.
"To refuse to find the facts which a party seeks to have stated because the commissioner deems them unnecessary or immaterial is not ordinarily fair to the parties, the court or the State and its officers. It is not fair to the parties because they are entitled to have found such proven facts as they deem it necessary to present to the court upon the appeal."
McQuade v. Ashford, 130 Conn. 478, 482 (1944) quoting Senzamici v. Waterbury Castings Co., 115 Conn. 446, 450 (1932).
Both in McQuade and Senzamici the issues involved medical opinions as to causality.
In the instant case, the opinions of Dr. Ballan and Dr. Rossi were undisputed. The existence of such opinions constituted facts material to the issues. The content of those opinions may have been unpersuasive but their existence was an uncontroverted and admitted fact.
We therefore remand the matter for further findings and any other proceedings consistent herewith.
Commissioners Gerald Kolinsky and Andrew Denuzze concur.