Opinion
CASE NO. 295 CRD-5-84
JUNE 12, 1987
The claimant was represented by Joseph Trantolo, Esq., Trantolo Trantolo, P.C.
The respondents were represented by Kevin Maher, Esq., Maher Maher.
This Petition for Review from the Commissioner of the Fifth District's December 28, 1983 Finding and Award and January 6, 1984 Corrected Finding and Award was heard June 26, 1985 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners A. Paul Berte and Robin Waller.
OPINION
Claimant suffered a compensable injury to his left foot November 17, 1980. The employer's carrier paid total disability benefits and medical expenses. However, as the parties were in disagreement about the amount of permanent partial due, a formal hearing as to that dispute was held by the Fifth District Commissioner.
The only evidence there presented was the testimony of Dr. Robert Ferraro, a Waterbury orthopedic surgeon. Dr. Ferraro testified that he treated claimant for a fracture of two metatarsal bones of the left foot during the period of November 20, 1980 until April 16, 1982. He further testified that claimant had a 5% "permanent impairment of the left foot as a result of the work accident" There was no other evidence giving a different permanent, disability figure. An award of compensation must be supported by the subordinate facts found or inferences reasonably drawn from them, Balkus v. Terry Steam Turbine Co., 167 Conn. 170 (1974); D'Angelo v. Connecticut Light Power Co., 146 Conn. 505 (1959); Callahan v. Schollhorn Co., 106 Conn. 211 (1927). See also, Glabicki v. Stanley Works, 3 Conn. Workers' Comp. Rev. Op. 26, 243 CRD-6-83 (1986).
As the award of a two and a half percent (2 1/2%) loss of use of the foot was unsupported by the evidence presented, we remand the matter for further proceedings, including the taking of further evidence if necessary.
Commissioners A. Paul Berte and Robin Waller concur.