Opinion
CASE NO. 601 CRD-4-87
JANUARY 27, 1989
The claimant was represented at the trial level by Scott Maser, Esq. No appearance was made by or on behalf of the claimant nor was any brief filed at the appellate level.
The respondents were represented by Jason M. Dodge, Esq., Pomeranz, Drayton Stabnick.
This Petition for Review from the May 27, 1987 Finding and Dismissal of the Commissioner for the Fourth District was heard September 16, 1988 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Rhoda Loeb and Andrew Denuzze.
OPINION
Claimant appealed the May 27, 1987 Dismissal by the Fourth District Commissioner. He was granted a two month Extension of Time to File a Motion to Correct and Reasons for Appeal. To date neither of these documents has been filed nor was any appearance made by the claimant or his counsel at oral argument.
From the record and documents submitted we infer that claimant is attempting to attack the trial Commissioner's factual findings and the credibility of opposing witnesses. Matters concerning the weight and credibility of witnesses and evidence are solely within the purview of the trial Commissioner, True v. Longchamps, Inc., 171 Conn. 476, 478 (1976). His factual findings will not be corrected unless the facts found are without evidence or failed to include material facts which are admitted or undisputed, Wheat v. Red Star Express Lines, 156 Conn. 245, 248 (1968).
We find that there was evidence to support the trial Commissioner's findings and the conclusions reached were not contrary to law. We, therefore, affirm the Finding and Dismissal of the Fourth District Commissioner.
Commissioner Rhoda Loeb and Andrew Denuzze concur.