CASE NO. 708 CRD-7-88-3Workers’ Compensation Commission
NOVEMBER 30, 1989
The claimant was represented by Joseph A. Egan Jr., Esq.
The respondents were represented by Catherine Thompson, Esq., Sullivan, Lettick Schoen.
This Petition for Review from the March 3, 1988 Finding and Dismissal of the Commissioner for the Seventh District was heard August 18, 1989 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Andrew P. Denuzze and James J. Metro.
OPINION
JOHN ARCUDI, CHAIRMAN.
Since April 1, 1962 claimant has been a regular uniformed member of Ridgefield’s police force. In April, 1986 he injured his toe. During treatment for that injury his blood pressure level was discovered to be elevated. He therefore, filed a claim for benefits under Sec. 7-433c, C.G.S.
The Seventh District Commissioner found claimant required no medical care or prescription drugs and lost no time from work due to hypertension. He concluded claimant had not suffered any condition or impairment of health due to hypertension or heart disease nor had he sustained any disability or economic loss due and therefore dismissed the claim.
Claimant’s appeal alleges the commissioner’s conclusion is legally inconsistent with the facts found. In essence he argues that there was evidence demonstrating that his hypertension requires daily nutritional supplements and the supervision of a naturopathic physician.
Our review is limited to determining whether the trial commissioner’s conclusion was without evidence, contrary to law or based on impermissible or unreasonable factual inferences. Fair v. People’s Savings Bank, 207 Conn. 535 (1988). In the evidence below Dr. Howard Garfinkel’s report stated he found no evidence of hypertensive disease. See Respondent’s Exhibit 1. Claimant’s own treating physician, Dr. Kathleen M. Riley in a January 15, 1988 report states claimant is not presently suffering from hypertension. She does attribute the freedom from such condition to claimant’s compliance with her prescribed treatment of nutrition and exercise. See Claimant’s Exhibit B.
Given such evidence, we cannot conclude the trial commissioner’s findings and conclusions were erroneous. We, therefore, affirm the Seventh District Commissioner’s March 3, 1988 Finding and Dismissal.
Commissioner’s Andrew P. Denuzze and James J. Metro concur.