Opinion
CASE NO. 872 CRD-7-89-6
OCTOBER 26, 1990
The claimant was represented by Robert J. Guendelsberger, Esq., Guendelsberger Associates.
The respondents were represented by Thomas H. Cotter, Esq., Cotter, Cotter, Sohon.
The Second Injury Fund was represented by Cori-Lynn Webber, however, the Second Injury Fund did not appear at oral argument nor did they file a brief.
This Petition for Review from the June 5, 1989 Finding and Dismissal of the Commissioner for the Seventh District was heard April 27, 1990 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Andrew Denuzze and James Metro.
OPINION
Both parties appealed the Seventh District June 5, 1989 Finding and Dismissal. The respondents simultaneously sought reopening of proceedings below in order to submit additional evidence pertaining to the existence of claimant's pre-existing cervical condition. The issue presented for review by the respondents was whether the trial commissioner erred in denying transfer of liability to the Second Injury Fund. The motion to reopen was granted. Therefore, the issues on respondents' cross-appeal are moot.
Claimant's appeal contends that his lumbar spine disability is causally related to the accepted June 26, 1989 cervical spine injury. He argues that the trial commissioner erred in certain factual findings and therefore drew incorrect legal conclusions. However, the evidence below was in conflict. We will not substitute our findings for those of the trier when those findings depend on the weight and credibility to be accorded the evidence. Wheat v. Red Star Express Lines, 156 Conn. 245 (1968); Rivera v. Guida's Dairy, 167 Conn. 524 (1975). Questions of causal relationship are questions of fact and findings on such factual issues will not be set aside unless resulting from an incorrect application of law, based on illegal or unreasonable factual inferences, or without evidence. Besade v. Interstate Security Services, 212 Conn. 441 (1989); McDonough v. Connecticut Bank Trust Co., 204 Conn. 104 (1987). See also, Metall v. Aluminum Co. of America, 154 Conn. 48, 52 (1966) quoted in Kroczewski v. Old Fox Chemical, Inc., 8 Conn. Workers' Comp. Rev. Op. 13, 14, 730 CRD-1-88-5 (1990).
We, therefore, dismiss the claimant's appeal. We need not consider the other issues raised. The commissioner's Finding and Award is affirmed.
Commissioners Andrew Denuzze and James Metro concur.