CASE NO. 704 CRD-5-88-3Workers’ Compensation Commission
SEPTEMBER 25, 1989
The claimant was represented by Edward T. Dodd, Jr. Esq.
The respondent was represented at the trial level by Michael Brodinsky, Esq., and on appeal by Michael J. McAuliffe.
This Petition for Review from the February 26, 1988 Finding and Dismissal of the Commissioner for the Fifth District was heard May 19, 1989 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Gerald Kolinsky and Robin Waller.
OPINION
JOHN ARCUDI, CHAIRMAN.
Claimant’s appeal and Motion to Correct seek to overturn the facts found by the trial commissioner and substitute a conclusion that work-related stress was a substantial factor in causing claimant’s disabling illnesses. The commissioner found claimant’s disabling illnesses resulted from personal problems and not from stress in the employment. He also found that these problems preexisted the employment.
Determination of the source of claimant’s disability is a matter for the trier of fact, Herbst v. Hat Corporation of America, 130 Conn. 1 (1943). Such a determination is conclusive unless unsupported by evidence and inconsistent with the law. Fair v. People’s Savings Bank, 207 Conn. 535 (1988).
In the instant matter the commissioner did not find the employment to be a proximate cause of claimant’s disability. There was evidence to support the findings relating to claimant’s long standing history of alcohol abuse. These were the basis for the conclusion that the work was not the cause of the disability.
We, therefore, affirm the Finding and Dismissal of the Fifth District Commissioner.
Commissioners Gerald Kolinsky and Robin Waller concur.