Opinion
CASE NO. 698 CRD-7-88-2
NOVEMBER 30, 1989
The claimant was represented at the trial level and through initial appellate proceedings by George R. MacRae, Esq. Thereafter, claimant was represented pro se. Claimant made no appearance at oral argument. The matter was therefore decided on the basis of papers submitted.
The respondents were represented by George Waldron, Esq., and John Greiner, Esq. of Murphy and Beane.
This Petition for Review from the February 23, 1988 Finding and Dismissal of the Commissioner for the Seventh District was heard August 18, 1989 before a Compensation Review Division panel consisting of the Commissioner Chairman, John Arcudi, and Commissioners Andrew P. Denuzze and James J. Metro.
OPINION
Claimant's appeal contests the Seventh District Commissioner's conclusion that claimant was ineligible for total disability benefits from December 2, 1987 to February 7, 1988.
In proceedings below, Dr. Edward C. Jones, the treating physician, testified claimant could perform "light duty" work based on the doctor's December 2, 1987 evaluation. (February 22, 1988 TR. pp. 36, 40). Claimant argues that as the treating physician did not inform him of the ability to return to work, total incapacity benefits should be awarded. The arbiter of a claimant's total incapacity is the trial commissioner and his ruling is dependent upon a factual determination. Czeplicki v. Fafnir Bearing Co., 137 Conn. 454 (1951); Muir v. Trailways of New England, 4 Conn. Workers Comp. Rev. Op. 118, 480 CRD-6-86 (1987). See also, Neumann v. Southern Connecticut Gas Co., 4 Conn. Workers' Comp. Rev. Op. 62, 265 CRD-4-83 (1987). Our appellate review is limited to determining whether there was evidence to support such a conclusion and whether the conclusion was based on impermissible or unreasonable factual inferences or contrary to law. Fair v. People's Savings Bank, 207 Conn. 535, 539 (1988). See also, Besade v. Interstate Security Services, 212 Conn. 441 (1989).
Because we find that there was sufficient evidence to sustain the conclusion reached, we affirm the trial commissioner's February 23, 1988 Finding and Award.
Commissioner's Andrew P. Denuzze and James J. Metro concur.