CASE NO. 331 CRD-1-84Workers’ Compensation Commission
JUNE 10, 1987
The claimant was represented at the trial level by James Kelly, Esq., and at the appellate level by George Athanson, Esq., Athanson Pappas.
The respondents were represented by Lucas Strunk, Esq., Pomeranz, Drayton Stabnick.
This Petition for Review from the June 1, 1984 Finding and Dismissal of the Commissioner At Large acting For the First District was heard June 26, 1985 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Rhoda Loeb and Frank Verrilli.
OPINION
JOHN ARCUDI, Chairman.
Claimant suffered a compensable injury on February 15, 1979. Liability was acknowledged in a Voluntary Agreement approved May 29, 1979, and a September 29, 1982 Voluntary Agreement established permanent partial disability benefits for 15% loss of use of the back. Claimant’s appeal attacks the conclusion in the Commissioner at Large’s June 1, 1984 Finding that Dr. Sterling was not an authorized treating physician.
Testimony was adduced from the claimant and from the First District Commissioner. Claimant’s testimony proffered through an interpreter indicated she believed that the First District Commissioner had authorized treatment by Dr. Sterling. The First District Commissioner testified no such authorization was ever granted in the informal hearings before him.
Where evidence is in conflict, the findings of the trial Commissioner will not be disturbed, Adzima v. UAC/Norden Division, 177 Conn. 107 (1979). Additionally, as the respondents point out in their brief, the issue as to whether or not treatment was authorized was not raised at the trial level.
We, therefore, affirm the Finding and Dismissal of the Commissioner at Large acting in the First District.
Commissioners Rhoda Loeb and Frank Verrilli concur.
[EDITORS’ NOTE: THE OPINION ORIGINALLY APPEARING HERE WAS WITHDRAWN.]