JOHN ASHTON, CLAIMANT-APPELLANT vs. SONECO SERVICES, INC., EMPLOYER and AETNA CASUALTY SURETY CO., INSURER, RESPONDENTS-APPELLEES and SECOND INJURY AND COMPENSATION ASSURANCE FUND, RESPONDENT

CASE NO. 359 CRD-1-84Workers’ Compensation Commission
MAY 5, 1986

The claimant-appellant was represented by Frank Harold Cathcart, Esq. and Barrett L. Krass, Esq.

The respondents-appellees were represented by Daniel P. Beharry, Esq., and Robert Nastri, Esq.

The Second Injury Fund was represented by Robert Murphy, Esq., Assistant Attorney General. However, they did not participate in briefing or oral argument before the Compensation Review Division.

This Petition for Review from the October 29, 1984 Finding and Denial of Claim of the Commissioner for the First District was argued May 2, 1986 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Gerald Kolinsky and Frank Verrilli.

FINDING AND AWARD

The Finding and Award of the District Commissioner is affirmed and adopted as the Finding and Award of this Division.

OPINION

JOHN ARCUDI, Chairman.

In this matter the principal medical testimony came from two experts, Dr. Robert H. Berland, a Hartford neurologist who testified for the claimant, and Dr. Norman H. Gahm, a Hartford neurosurgeon who testified for the respondent. Dr. Berland testified the disabling condition was work related and Dr. Gahm testified that it was not. The Commissioner found that it was not an injury arising out of and in the course of the employment. As there was sufficient basis in the evidence for Commissioner’s factual conclusion, we need examine no further for we cannot substitute our own conclusions for his, Powers v. Hotel Bond Co., 89 Conn. 143
(1915), Battey v. Osborne, 96 Conn. 633 (1921), Adzima v. UAC/Norden Division, 177 Conn. 107 (1979).

Therefore the appeal is dismissed and the Finding and Award of the First District Commissioner is affirmed.

Commissioner Gerald Kolinsky and Frank Verrilli concur.

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