Opinion
CASE NO. 1000 CRD-5-90-4
OCTOBER 30, 1991
The claimant was represented by Paul Yamin, Esq.
The respondent American Mutual Insurance was represented by David A. Kelly, Esq., Montstream May.
The respondent Travelers Insurance Company was represented by John P. Clarkson, Esq., Naab, Beach Clendaniel.
This Petition for Review from the April 2, 1990 Finding and Awards of the Commissioner for the Fifth District was heard February 22, 1991 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Frank Verrilli and Donald Doyle.
FINDING AND AWARD I
(INJURY OF NOVEMBER 18, 1982)
The Finding and Award of the Fifth District is adopted as the Finding and Award of this Division except that the October 18, 1982 date in Paragraphs 4, 6, 9, 11, 12, 13, 14, 15 and 16 is changed to November 18, 1982.
OPINION
Claimant seeks review of two Fifth District April 2, 1990 Findings and Awards. In the first the commissioner concluded claimant sustained a compensable injury "October 18, 1982" to both hands (carpal tunnel syndrome) and to her cervical spine. In the second Finding and Award he found that claimant fractured her right (master) wrist May 25, 1983 when she slipped and fell while moving a barrel of oil. With respect to the earlier injury we have corrected the commissioner's "October 18, 1982" date of injury. Our review of the evidentiary record and claimant's own brief shows the date was November 18, 1982. See Transcript of February 11, 1987 Formal Hearing at 3.
I
Claimant's appeal on the earlier injury alleges the following issues; the commissioner should have found (1) claimant's right knee condition was causally related to the November 18, 1982 work incident and (2) claimant's headaches and psychiatric difficulties were causally related to her November 18, 1982 work incident.
To support her contention she refers to the May 10, 1989 testimony of Dr. Richard Matza where he stated that the right knee injury was causally related to the November 18, 1982 work incident. However, she acknowledges that the same doctor stated otherwise in other testimony. See Transcript of testimony of Dr. Richard Matza, February 11, 1987. Clearly the determination of causal relationship was a determination dependent upon the weight and credibility to be accorded all the evidence. We will not disturb a conclusion based on such as assessment by the trier. Rivera v. Guida's Dairy, 167 Conn. 524 (1975).
The same considerations concern the causal relationship of the headaches and psychiatric difficulties. Claimant contends the handwritten report of Dr. Richard Newman dated February 10, 1987 (Exhibit 2 February 11, 1987 Formal Hearing) declares that claimant's emotional problems for which he was treating her were directly related to her carpal tunnel syndrome. Claimant argues that as respondents failed to offer any evidence contradicting Dr. Newman, then the trial commissioner should have found causality in accordance with Dr. Newman's report. We do not agree. A fact finder has the right to reject testimony even if seemingly uncontradicted. See e.g., Barrila v. Blake, 190 Conn. 631 (1983).
Further claimant has not filed a Motion to Correct any of the factual findings. As there is no Motion to Correct, the facts as found by the trial commissioner must stand. Mack v. Blake Drug, 152 Conn. 523 (1965)[.]
The April 2, 1990 Finding and Award relating to the November 18, 1982 work incident is therefore affirmed.
II
As to the May 25, 1983 injury, claimant asserts that her claims were not properly considered below. See Brief of the Claimant-Appellant Re: Injury of May 25, 1983. She seeks remand as she contends that evidence does exist on the permanent physical impairments to her elbow, right wrist and right finger and as to eligibility for temporary total benefits.
The trial commissioner found claimant was totally disabled for an undetermined period of time resulting from the right wrist fracture and "[n]o permanent impairment was ascribed to the injury of May 25, 1983." See paragraphs 6 7. However, he also directly stated, "Additional hearings may be held as necessary."
This quite clearly left the door open for further proceedings; until those proceedings occur, the appeal relating to the May 25, 1983 work injury is premature. Having so ruled, we need not consider Respondents' Motion to Dismiss.
We therefore affirm both April 2, 1990 Finding and Awards of the trial Commissioner and dismiss the appeals.
Commissioners Frank Verrilli and Donald Doyle concur.