Opinion
CASE NO. 300 CRD-6-84
JUNE 12, 1987
The claimant was represented by Louis P. Kocsis, Esq., Furey, Donovan Heiman, P.C.
The respondent was represented at the trial level by Donald Flynn, Esq. and on appeal by Sally King, Esq., Robinson Cole.
This Petition for Review from the January 26, 1984 Finding and Award of the Commissioner for the Sixth District was heard June 26, 1985 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners A. Paul Berte and Robin Waller.
FINDING AND AWARD
The Finding and Award of the Sixth District Commissioner is affirmed and adopted as the Finding and Award of this Division.
OPINION
Claimant suffered a compensable back injury July 23, 1980. A Voluntary Agreement was approved July 30, 1980. Thereafter claimant underwent surgery for a herniated disc at the L 1-2 level June 4, 1981. On July 12, 1982 a second Voluntary Agreement for 10% permanent partial disability of the back was approved. Dr. Arthur Driscoll, an orthopedic surgeon, treated claimant until April 25, 1983 when he then referred him to Dr. Russell S. Bower, a neurosurgeon. On May 19, 1983 Dr. Bower excised a herniated disc at the C 5-6 level.
The Sixth District Commissioner's January 26, 1984 Finding and Award granted claimant benefits for the cervical surgery, holding that it arose from the original July 23, 1980 injury. The respondents' appeal apparently raises two interrelated issues; 1) whether it was error to hold that the cervical surgery related to the original injury, and 2) whether proper notice was given of the cervical surgery.
Issues relating to causation present questions of fact determinable by the trial Commissioner, McGrath v. City of New London, 38 Conn. Sup. 324 (1982). Unless the conclusions below are not reasonably supported by the evidence, they must stand, Lemieux v. Highland Dairy Co., 121 Conn. 483 (1936). We find the trial Commissioner's findings were reasonably supported and therefore will not disturb his findings, Adzima v. UAC/Norden Division, 177 Conn. 107 (1979).
Our ruling on this first issue is also dispositive of the second. Once it is held that the cervical surgery occurred in a direct chain of causation from the July 23, 1980 injury, there was no cause for any further notice as that original injury had been accepted and the commissioner had jurisdiction to hear all matters arising therefrom.
As the claimant was furnished with medical care and had entered into a Voluntary Agreement within a year from the date of the accident, the trial Commissioner correctly concluded that there had been notice under Sec. 31-294. We, therefore, confirm the trial Commissioner's Finding and Award of January 26, 1984.
Commissioners A. Paul Berte and Robin Waller concur.