Opinion
CASE NO. 763 CRD-1-88-8
DECEMBER 21, 1989
The claimant was represented by Jeffrey Dressler, Esq.
The respondents were represented by Diana Garfield, Esq., and Lauren McCurry, Esq., Siegel, O'Connor, Schiff, Zangari Kainen, P.C.
This Petition for Review from the August 11, 1988 Finding and Denial of Claim of the Commissioner for the First District was heard September 29, 1989 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Gerald Kolinsky and Frank J. Verrilli.
OPINION
Review is being sought of the First District August 11, 1988 Finding and Denial of Claim. The trial commissioner ruled claimant had not sustained his burden of proof that medical treatment for cervical problems subsequent to October 23, 1985 was related to the March 19, 1982 compensable injury. Claimant's brief contends that the trial commissioner's conclusion did not reasonably flow from the evidence presented below.
By agreement of the parties the only issue considered by the trial commissioner was "whether or not claimant's medical treatment subsequent to October, 1985 was compensable as relating back to claimant's injury of March 19, 1982." See Paragraph #1 of August 11, 1988 Finding and Denial of Claim.
Whether the claimant's medical treatment was related to his compensable injury is a question of causation which must be determined by the trial commissioner. Metall v. Aluminum Co. of America, 154 Conn. 48 (1966). See also, Besade v. Interstate Security Services, 212 Conn. 441, 448-9 (1989), citing Fair v. People's Savings Bank, 207 Conn. 535, 539 (1989). We will not disturb his factual findings when they are based as in the instant matter on the weight and credibility to be accorded the evidence and witnesses presented in the proceedings below. See, Rivera v. Guida's Dairy, 167 Conn. 524 (1975) (per curiam); Wheat v. Red Star Express Lines, 156 Conn. 245 (1968). While we might have reached a different conclusion, we cannot substitute our findings for his. Besade, supra at 448, and Fair, supra at 539. We need only determine whether the commissioner's conclusion was without evidence, "contrary to law or based on impermissible or unreasonable factual inferences. Besade, supra at 448-9 and Fair, supra at 539.
Our review does not indicate that his conclusion was "so unreasonable as to justify judicial interference," Bailey, v. Mitchell, 113 Conn. 721 (1931). We therefore affirm the denial of benefits and dismiss claimant's appeal.
Commissioners Gerald Kolinsky and Frank J. Verrilli concur.