Opinion
CASE NO. 230 CRD-4-83
JANUARY 22, 1987
The claimant was represented by Joy C. Bylan of Connecticut Employees Union "Independent". However, no claimant representative appeared for oral argument before the Compensation Review Division.
The Respondent was represented by Robert Girard, Esq., Assistant Attorney General.
This Petition for Review from the April 18, 1983 Finding and Award of the Commissioner for the Fourth District was heard August 16, 1984 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Rhoda Loeb and Frank Verrilli.
FINDING AND AWARD
The Finding and Award of the Fourth District Commissioner is affirmed and adopted as the Finding and Award of this tribunal.
OPINION
Claimant a psychiatric aide at Fairfield Hills Hospital injured her back on January 8, 1980. A Voluntary Agreement which was approved by the Commissioner on March 17, 1980 established the compensability of this injury.
Pursuant to said Voluntary Agreement, claimant was paid temporary total disability benefits between November 11, 1980 to February 25, 1982. In February or March 1982, a Voluntary Agreement was prepared by the respondent showing maximum medical improvement as of June 30, 1981 and further that there had been ten percent (10%) loss of function of the lumbar spine. This was never signed by claimant.
The April 18, 1983 Finding and Award by the Commissioner found maximum improvement to be on March 22, 1982 and credited any payments made to claimant after March 22, 1982 as advances against specific benefits. Respondent has appealed that Finding and Award contending it was error for the Commissioner to find maximum improvement on March 22, 1982 and that therefore payments made to the claimant for temporary partial benefits after June 30, 1981 should be credited against specific benefits.
The basic issue on appeal is the date of maximum medical improvement. Respondent argued that as a physician had determined maximum medical improvement to be June 30, 1981, the Commissioner could not find March 22, 1982 to be the date. A finding of maximum medical improvement involves a determination of facts by the Commissioner and will stand unless resulting "from an incorrect application of the law to the subordinate facts or from an inference illegally or unreasonably drawn from". Adzima v. UAC/Norden Division, 177 Conn. 107, 118 (1979). In the instant matter respondent has not filed a Motion to Correct so the Commissioner's finding in paragraph 6.A. of the Finding and Award that claimant's therapy treatments ended March 22, 1982 must stand. That finding is a sufficient basis for the Commissioner's conclusion that maximum improvement was reached on that date.
Therefore it was not error for the Commissioner to conclude that payments made by respondent between June 30, 1981 and February 25, 1982 should not be credited as payments against specific.
The decision of the Commissioner is affirmed and the appeal is dismissed.
Commissioners Rhoda Loeb and Frank Verrilli concur.