Opinion
CASE NO. 1197 CRD-7-91-2
AUGUST 5, 1992
The claimant was represented by George W. Billings, III, Esq.
The respondents were represented by Michael J. McAuliffe, Esq. and Tracey Green Cleary, Esq., Law Offices of William P. Meehan.
This Petition for Review from the January 25, 1991 Finding and Dismissal of the Commissioner for the Seventh District was heard February 21, 1992 before a Compensation Review Board panel consisting of the then Commission Chairman, John Arcudi and Commissioners George Waldron and Jesse M. Frankl.
OPINION
Claimant seeks to overturn the Seventh District's denial of his claim. The facts are as follows. Claimant, a mason by trade, sustained a head injury when he was hit by falling bricks and pieces of cement on September 22, 1989. He was treated at the Norwalk Hospital Emergency Room. The emergency room treatment and claimant's skull X-rays resulted in a diagnosis of Paget's disease without fracture but no abnormalities other than some local contusions of the scalp. He was paid temporary total benefits for 9 days following his injury.
Claimant subsequently complained of persistent headaches, nausea, blurring vision and dizziness and alleged that he has been totally disabled continuously from the date of his injury. He was laid off by the respondent employer and has not sought any gainful employment since. The commissioner concluded claimant was not totally disabled except for the period immediately following his injury, and it is from this conclusion of the trial commissioner that claimant appeals.
Whether a claimant is totally disabled is a factual determination. Rakiec v. New Haven Wrecking Co., 112 Conn. 432 (1930). See also, Holevinski v. State of Connecticut, 9 Conn. Workers' Comp. Rev. Op. 215, 988 CRD-5-90-3 (1991); Laqeux v. Rene Veilleux, 9 Conn. Workers' Comp. Rev Op. 177, 876 CRD-6-89-6 (1991); Sgambato v. Simkins Industries, Inc., 8 Conn. Workers' Comp. Rev Op. 131, 825 CRD-3-89-2 (1990). Such, a determination within the province of the trial commissioner. On review we do not ferry matters nor do we engage in a de novo retrial of the proceedings. The conclusions below must stand unless found without evidence, based on unreasonable or impermissible factual inferences or contrary to law. Fair v. People's Savings Bank, 207 Conn. 535 (1988).
Here, our review of the record demonstrates that the trial commissioner had a reasonable basis to conclude claimant failed to sustain the burden of proof. The conclusion was not "so unreasonable as to justify judicial interference." Bailey v. Mitchell, 113 Conn. 721, 725 (1931).
We therefore affirm the Seventh District and deny the appeal.
Commissioners George Waldron and Jesse M. Frankl concur.