CASE NO. 596 CRD-7-87Workers’ Compensation Commission
JULY 12, 1989
The claimant was represented by Ellen L.F. Strauss, Esq.
The respondents were represented by Jason M. Dodge, Esq., Pomeranz, Drayton Stabnick.
This Petition for Review from the May 6, 1987 Finding and Award of the Commissioner for the Seventh District was heard January 27, 1989 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Andrew Denuzze and Frank Verrilli.
OPINION
JOHN ARCUDI, CHAIRMAN.
A Voluntary Agreement between the parties approved by the Seventh District September 18, 1985 establishes that claimant suffered a compensable back injury June 20, 1984. The agreement further sets the permanent partial disability of claimant’s back as a result of that injury at 30% loss of use.
But there is a dispute concerning new back episodes September 8, 1984 and August 5, 1985. The May 6, 1987 Finding and Award concluded that those subsequent episodes and the resulting medical care and hospitalizations were directly related to the June 20 injury.
The Seventh District Commissioner’s Finding was based testimony by Dr. Gerard Sava, the treating orthopedist who operated on claimant’s lumbar spine in August, 1984. Dr. Sava testified “Yes, I feel as I so stated in the letter in that regard that both admissions were directly and causally related to the original problem — his lower back” (TR March 23, 1987, p. 50).
Appellants’ argument for reversal of that factual conclusion contends that the disability and the hospital admissions after the September 8, 1984 and August 5, 1985 episodes resulted from causes other than the June 20, 1984 injury. They argue that work on claimant’s lobster boat in August, 1985 was a causative factor in that disability and that an old 1974 ankle injury caused the September, 1984 problems.
We hope that now ten years after the creation of the Compensation Review Division litigants realize we do not try a matter de novo on appeal. We are limited to determining whether there was evidence supporting the conclusion below and whether the conclusion reached resulted 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). In the instant matter, Dr. Gerard Sava’s testimony formed a sufficient basis for the trial Commissioner’s findings. Weight and credibility of evidence are matters within the trial Commissioner’s purview. We will not disturb those findings. See Adzima v. U.A.C. (Norden Division), 177 Conn. 107, 118
(1979); Wheat v. Red Star Express Lines, 156 Conn. 245 (1968).
We affirm the trial Commissioner’s Finding and Award. Pursuant to sec. 31-301c(b) C.G.S. we award interest at the rate of six percent per annum on any and all amounts of the award which may have been unpaid during the pendency of this appeal.
Commissioners Andrew Denuzze and Frank Verrilli concur.