CASE NO. 799 CRD-2-88-12Workers’ Compensation Commission
MARCH 23, 1990
The claimant represented herself at the trial level and since that time has been represented by Dennis A. Ferdon, Esq., Law Offices of Carl D. Anderson and Associates. However as the appeal did not affect claimant’s entitlement no brief was filed nor was an appearance made at oral argument.
The Respondent-Insurer-Employers Insurance of Wausau was represented by Christopher P. Hankins, Esq., and Edward D. O’Brien, Jr., Esq. The Respondent-insurer-Hartford Insurance Group was represented by Lucas D. Strunk, Esq., and Jason Dodge, Esq. No brief was filed on behalf of the Respondent-Insurer-Hartford Insurance Group.
This Petition for Review from the December 5, 1988 Finding and Award of the Commissioner for the Second District was heard December 1, 1989 before a Compensation Review panel consisting of the Commission Chairman, John Arcudi, and Commissioners A. Thomas White, Jr., and James Metro.
OPINION
JOHN ARCUDI, CHAIRMAN.
The Respondent-Insurer Employers Insurance of Wausau disagrees with the Second District Commissioner’s conclusion that claimants’ 1986 disability was proximately caused by an old 1975 compensable injury. Instead this Respondent contends that intervening employment with Arrow Paper and Supply Company produced the subsequent incapacity.
Claimant sustained a compensable back injury January 12, 1975 as attested by a Voluntary Agreement approved in the Third District January 19, 1976. A subsequent Voluntary Agreement approved by the Second District March 11, 1983 indicates she suffered a thirty per cent (30%) permanent partial disability of the back as a result.
In 1985 she became employed by Arrow Paper and Supply Co. This Respondent argues she sustained injuries September 12, 1985 and sometime in April 1986 while in that employ resulting in the total disability finding from April 1, 1986 to August 26, 1986.
However, the Commissioner found the 1986 total disability was “due to the compensable injury of September 12, 1975 and its sequalae” (sic). This Finding may be merely typographical error. The potential dates of injuries mentioned in the Finding and Award are January 12, 1975, September 12, 1985 and April, 1986. There was no factual reference to any September 12, 1975 injury. Without a clarification of the date of injury to which the trial Commissioner was attributing disability, we are unable to review the issues presented.
As the underlying finding regarding date of injury is legally inconsistent with other facts found we must remand for further proceedings. Facts may then be found which would support whatever ultimate legal conclusion is reached. McQuade v. Town of Ashford, 130 Conn. 478 (1944). See also Falcone v. United Technologies Corp., 4 Conn. Workers’ Comp. Rev. Op. 54, 266 CRD-6-83, 267 CRD-6-83 (1987); Higdon v. James O’Connell Moving Service, 4 Conn. Workers’ Comp. Rev. Op. 5, 392 CRD-2-85 (1987).
We remand for further proceedings consistent with this opinion.
Commissioners A. Thomas White, Jr., and James Metro concur.