Opinion
CASE NO. 1175 CRD-6-91-2
JUNE 29, 1992
The claimant was represented by John F. Kania, Esq., Kelley, Crispino Kania.
The respondents were represented by Douglas L. Drayton, Esq. and Margaret Corrigan, Esq., both of Pomeranz, Drayton Stabnick.
This Petition for Review from the February 5, 1991 Finding and Award of the Commissioner for the Sixth District was heard January 24, 1992 before a Compensation Review Division panel consisting of the then Commission Chairman, John Arcudi and Commissioners Robin Waller and Angelo dos Santos.
OPINION
Respondents' appeal seeks reversal of the Sixth District decision awarding claimant benefits for a five (5%) per cent permanent partial disability of each hand due to a compensable bilateral carpal tunnel syndrome. The appeal also disputes the commissioner's finding that claimant had reached maximum medical improvement.
At the hearing the claimant testified and offered the medical reports of Dr. Chang-Song Choi, M.D. and Dr. Stanley Filewicz, M.D., both orthopedic surgeons. The respondents relied on the reports of Dr. Richard M. Linburg, M.D., also an orthopedic surgeon.
Dr. Choi stated in the report of May 16, 1990, "At the present time, the patient does not wish to have surgical release. At this point, I will grant 7% for the right wrist and 7% for the left side. He also deserves to have further surgical or medical treatment when necessary in the future." Earlier on July 11, 1989 Dr. Choi had stated, "I explained the conservative treatment seems to have reached a plateau. At this stage, I advised the patient have surgical release, although surgery cannot be guaranteed to make it perfect." The later report seems to contradict the earlier report which arguably supports surgical intervention. See Claimant's Exhibit 1.
Dr. Filewicz on February 16, 1990 stated, "I feel that he has bilateral carpal tunnel syndrome as indicated with nerve conduction studies. I feel that he has permanent-partial disability of each hand at 5%. Should surgery be performed to correct this and the results were good, I would estimate a decrease in the disability to 2% of each hand." That Dr. Filewicz report is couched in terms of possibilities; it is hardly a clear recommendation for surgery.
Respondents' physician, Dr. Richard M. Linburg, M.D., stated on January 16, 1990, "Certainly at the present time he is not symptomatic enough to warrant surgery. . . . It seems before proceeding with any surgical procedure that he be returned to a work activity comparable to his regular job at Emhart." See Respondents' Exhibit A.
On the basis of these reports in evidence, we cannot say that the trier's findings and conclusions were found without evidence or that they were based upon unreasonable or impermissible factual inferences or contrary to law. Fair v. Peoples's Savings Bank, 207 Conn. 535 (1988).
We therefore affirm the February 5, 1991 Finding and Award and deny the appeal. Pursuant to Sec. 31-301c(b) we grant interest at the rate permitted by the statute on any amount remaining unpaid during the pendency of the appeal.
Commissioners Robin Waller and Angelo dos Santos concur.