Opinion
CASE NO. 1032 CRD-7-90-6
OCTOBER 30, 1991
The claimant was represented by David Behnke, Esq., Law Offices of George R. Koteas, Esq.
The respondents were represented by Michael L. Tierney, Esq., Cotter, Cotter Sohon, P.C.
This Petition for Review from the June 1, 1990 Finding and Award of the Commissioner for the Seventh District was heard March 22, 1991 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners A. Thomas White, Jr. and James Metro.
OPINION
Respondents contest the Seventh District Finding that claimant's back symptomatology in 1986 and 1987 and the resultant back surgery in October, 1987 was causally related to the claimant's compensable injury of July 8, 1985.
Whether a disability is causally related too a compensable injury requires a factual determination which we will not disturb unless it is found without evidence is contrary to law or is based on unreasonable or impermissible factual inferences. Besade v. Interstate Security Services, 212 Conn. 441 (1989). Our review of the evidence, particularly the medical reports entered as exhibits, demonstrates a permissible basis for the commissioner's conclusion. See September 11, 1987 report of Dr. Michael J. Craig and December 6, 1989 Deposition of Dr. Michael Craig.
Respondents point to a statement in the deposition where the doctor mentions claimant's long standing back problems. They argue that this contradicts the September, 1987 statement that the back symptomatology was related to the July, 1985 compensable accident. But it was up to the trier of fact, the commissioner to weigh that evidence and the possible inconsistency. We cannot disturb his conclusions when they rest on the assessment of the weight and credibility to be accorded the evidence before him. Rivera v. Guida's Dairy, 167 Conn. 524 (1975).
We therefore affirm the June 1, 1990 Finding and Award of the Commissioner for the Seventh District and dismiss the appeal.
We grant interest pursuant to Sec. 31-301c(b) on any amount due and remaining unpaid during the pendency of this appeal.
Commissioners A. Thomas White, Jr. and James Metro concur.