Opinion
CASE NO. 832 CRD-7-89-3
MAY 17, 1990
The claimant was represented by Peggy Braden Moore, Esq.
The respondents were represented by Joel E. Cohen, Esq., Kelly, Drye and Warren.
This Petition for Review from the March 7, 1989 Finding and Dismissal of the Commissioner for the Seventh District was decided pursuant to papers submitted for the February 2, 1990 hearing before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners A. Paul Berte', and Frank Verrilli.
OPINION
This appeal disputes the Seventh District Dismissal of claimant's claim and argues the employer failed to provide claimant with suitable light duty work as required by Sec. 31-313 C.G.S. and also the employer was guilty of discriminatory discharge under Sec. 31-290a.
"To the extent that the commissioner's finding discloses facts, his finding cannot be charged unless the record discloses that the finding includes facts found without evidence or fails to include material facts which are admitted or undisputed." Grady v. St. Mary's Hospital, 179 Conn. 662 (1980), citing Wheat v. Red Star Express Lines, 156 Conn. 245, 248, (1968). The factual findings of the trial commissioner here depend upon the weight and credibility to be accorded the testimony of the witnesses. Wheat supra. Some factual findings sought by claimant are in dispute and not conceded. Respondents' brief clearly indicates the extent to which they were disputed. See Brief of Employer-Appellee at 1-7. The substitution of other requested factual findings even if granted would not alter the legal conclusion of the trial commissioner. We, therefore, affirm the trial commissioner's ruling as to the Motion to Correct. See Tortorici v. Moosop, Inc., 107 Conn. 143 (1927).
As there is evidence to support the findings and conclusions made below we cannot disturb them, Fair v. People's Savings Bank, 207 Conn. 535 (1988).
We therefore, affirm the Seventh District March 7, 1989 Finding and Dismissal.
Commissioners A. Paul Berte' and Frank Verrilli concur.