CASE NO. 600 CRD-7-87Workers’ Compensation Commission
APRIL 5, 1989
The claimant was represented by Thor L. Crone, Esq., and G. Randall Avery, Esq., Avery Crone.
The respondents were represented by Ralph Russo, Esq., Montstream and May.
This Petition for Review from the May 18, 1987 Finding and Dismissal of the Commissioner for the Seventh District was heard Sept. 16, 1988 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Andrew Denuzze and Frank Verrilli.
OPINION
JOHN ARCUDI, CHAIRMAN.
Claimant seeks to review the Seventh District’s May 18, 1987 Finding and Dismissal. The issue on appeal is a factual one. Claimant below had alleged that he injured his back when a vehicle driven by a fellow employee struck him April 27, 1984. The employer denied that any such incident occurred and contended claimant’s back injury was due to a 1979 accident in Vermont. The trial Commissioner dismissed the claim.
Such a conclusion by the Commissioner was clearly grounded on the weight and credibility he accorded the various witnesses’ testimony. Our review is limited to a determination of whether there was sufficient evidence to support the finding. “The conclusions drawn by [the Commissioner] from the facts found must stand unless they result from an incorrect application of the law to the subordinate facts or from an inference illegally or unreasonably drawn from them.” Fair v. People’s Savings Bank, 207 Conn. 535, 539 (1988), quoting Adzima v. UAC/Norden Division, 177 Conn. 107, 117-18 (1979) (citations omitted).
The evidence below was in conflict, but there was evidence supporting the commissioner’s conclusion, and under such circumstances we will not substitute our findings for his when such findings and conclusions are dependent upon the weight and credibility of witnesses and evidence, True v. Longchamps, Inc., 171 Conn. 476, 478 (1976).
We, therefore, affirm the Seventh District’s Finding and Dismissal.
Commissioners Andrew Denuzze and Frank Verrilli concur.