CASE NO. 337-CRD-2-84Workers’ Compensation Commission
JUNE 2, 1987
The claimant was represented by Howard B. Schiller, Esq., Shepard and Schiller.
The respondent was represented by Francis Wynn, Esq. at trial level, and Alfred J. Garofolo, Esq. on appeal, both of Gould, Killian, and Wynne.
This Petition for Review from the July 6, 1984 Finding and Award issued by the Second District Commissioner 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, an employee of Twin County Sanitation, injured his right wrist while shoveling dirt into a barn and developed tenosynovitis. The employer argues that the activity in which the claimant was engaged at the time of the injury was part of the care and feeding of the respondent’s horses and was not part of his employment duties for Twin County Sanitation.
The issues presented on appeal are 1) whether the trial Commissioner erred in holding that claimant’s injury arose out of and in the course of employment, and 2) whether the trial Commissioner had jurisdiction to award compensation. The record shows sufficient basis in the evidence presented which could lead the trial Commissioner to reasonably conclude as he did. We cannot therefore substitute our conclusions for those of the Commissioner, Adzima v. UAC/Norden Division, 177 Conn. 107
(1979).
The second issue questions the Commissioner’s jurisdiction to enter an award on behalf of the claimant. In that respect the employer argues that the January 31, 1983 notice of hearing, “RE: Determination of liability for compensation benefits on account of an injury sustained on September 14, 1982”, limited the issue to be considered only to the existence of liability and not to its extent. But the words “determination of liability for compensation benefits” certainly embrace a very broad universe of discourse. We find it incredible for the respondent to argue that it understood it to be so narrowly construed.
We, therefore, affirm the Finding and Award of the Commissioner of the Second District issued July 6, 1984.
Commissioners Rhoda Loeb and Frank Verrilli concur.