Opinion
CASE NO. 945 CRD-6-89-11
APRIL 15, 1991
The claimant was represented by Herbert Watstein, Esq., and Mona Herman, Esq. of Watstein Watstein, P.C.
The respondents were represented by Douglas Drayton, Esq. and Jason Dodge, Esq. both of Pomeranz, Drayton Stabnick.
This Petition for Review from the November 7, 1989 Finding and Dismissal of the Commissioner for the Sixth District was heard October 26, 1990 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and James Metro.
OPINION
Claimant has appealed the Sixth District ruling that he was not an employee within the meaning of the Workers' Compensation Act. Whether a claimant is an employee is a question of fact. Francis v. Franklin Cafeteria, Inc., 123 Conn. 320 (1937). See also, Pisani v. Messore d/b/a Westville Painting, 8 Conn. Workers' Comp. Rev. Op. 11, 753 CRD-3-88-7 (1989). On such an issue we will not disturb the conclusions of the trial commissioner unless unsupported by evidence, contrary to law or based on unreasonable or impermissible factual inferences. Fair v. People's Savings Bank, 207 Conn. 535 (1988) (citations omitted). Upon reviewing the finding there was sufficient evidence for the trial commissioner to find as he did.
Specifically we note the testimony of the employer and the claimant in the transcript of April 29, 1986 Formal Hearing; also the written agreement (see Claimant's Exhibit 1) between the parties for the work to be performed by the claimant provides an adequate evidentiary basis for the trial commissioner's decision.
We therefore, affirm the trial Commissioner's Finding and Dismissal.
Commissioners Robin Waller and James Metro concur.