Opinion
CASE NO. 175 CRD-4-82
OCTOBER 4, 1983
The Claimant-Appellee was represented by Robert Petrucelli, Esq.
The Respondent-Appellant was represented by C. David Munich, Esq., Assistant City Attorney, City of Bridgeport, Legal Department.
This Petition for Review from the October 8, 1982 Decision of the Commissioner for the Fourth District was argued April 29, 1983 before a Compensation Review Division Panel consisting of Commissioners John Arcudi, Gerald Kolinsky and Rhoda Loeb.
FINDING AND AWARD
The Finding and Award of the Commissioner below is adopted as the Finding and Award of this Division.
OPINION
Claimant was an employee of the Respondent City, a Housing Code Inspector. While in the performance of his duties, he was chased by a dog and ran to escape injury. This incident caused a cardiac standstill and subsequent disability and need for medical treatment. The Respondent has appealed the Commissioner's finding of compensability. It alleges that new evidence has come to light which it wishes to present. The original decision of the Commissioner was October 8, 1982. In the year that has elapsed since then, there has not been any attempt by the Respondent before us or before the District Commissioner by way of an offer of proof or otherwise to indicate the nature of this alleged new evidence.
Under the circumstances, the decision of the Commissioner and his finding must stand.
Commissioners Kolinsky and Loeb join in this opinion.