Opinion
CASE NO. 753 CRD-3-88-7
DECEMBER 28, 1989
The claimant was represented by Thomas Keyes, Esq.
The respondent-Messore was represented by both Charles E. Tiernan, III, Esq., Michael McClary, Esq. of Lynch, Traub, Keefe Errante, P.C. The respondent-Squire Insurance was represented by Paul Johnson, Esq. No appearance was made nor was a brief filed on behalf of Squire Insurance at the appellate level. The respondents-Hartford Insurance Group and Aetna Life and Casualty were represented by Douglas Drayton, Esq., and Anne Kelly, Esq., both of Pomeranz, Drayton Stabnick.
The respondent-Second Injury Fund was represented by Robert Murphy, Esq., and Robin L. Wilson, Esq., Assistant Attorneys General. However no appearance was made by the Second Injury Fund at oral argument.
This Petition for Review from the July 15, 1988 Finding and Dismissal of the Commissioner for the Third District. was heard August. 18, 1989 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and James J. Metro.
OPINION
Claimant seeks review of the Third District's July 15, 1988 Finding and Dismissal of Claim. The only issue is whether the trial commissioner erred in concluding that claimant was not an employee and his claim was therefore not cognizable under the Workers' Compensation Act.
It is claimant's contention that facts presented to the trial commissioner clearly, and irrefutably show that he was an employee of the respondent. Whether a claimant is an employee or an independent contractor is a question of fact. Rosenblit v. Danaher, 206 Conn. 125, 146 (1988) citing Francis v. Franklin Cafeteria, Inc , 123 Conn. 320, 326 (1937) See also, F.A.S. International, Inc., v. Reilly, 179 Conn. 507 (1980) (citations omitted). A trial commissioner's conclusions as to questions of fact will not be disturbed unless without evidence, contrary to law or based on impermissible or unreasonable factual inferences. Fair v. People's Savings Bank, 207 Conn. 539 (1988) (citations omitted).
The factual findings of the trial commissioner in the instant matter are dependent on the weight and credibility to be accorded the witnesses' testimony below. In this instance both the. claimant and the alleged employer testified. Their testimony on various points was in conflict. The conclusions reached by the trial commissioner are dependent upon the weight and credibility to be accorded the testimony presented. We will not disturb conclusions which rest on such determinations of credibility and weight. Rivera v. Guida's Dairy, 167 Conn. 524 (1975) (per curiam) Wheat v. Red Star Express Lines, 156 Conn. 245 (1968).
The decision below is affirmed and the appeal is dismissed.
Commissioners Robin Waller and James J. Metro concur.