CASE NO. 1027 CRD-5-90-5Workers’ Compensation Commission
NOVEMBER 27, 1991
The claimant was represented by Kevin Nelligan, Esq., and Pamela W. Roche, Esq. However at oral argument the claimant appeared pro se.
The respondent Kelly’s Contracting represented by Robert P. Wenten, Esq., Wenten Rosenstein. The respondent L.C. Corporation was represented at the trial level by Alan Barber, Esq.
The Second Injury Fund was represented at the trial level by Michael Belzer, Esq., and Robin L. Wilson, Esq. both Assistant Attorneys General.
Neither the respondent L.C. Corporation nor the Second Injury Fund participated in appellate proceedings.
This Petition for Review from the May 18, 1990 Finding and Award of the Commissioner at Large acting for the Fifth District was heard April 26, 1991 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Gerald Kolinsky and Andrew Denuzze.
OPINION
JOHN ARCUDI, CHAIRMAN.
The respondent seeks to overturn the ruling that claimant sustained a work related injury on or about July 18, 1986 while employed by the respondent Kelly’s Contracting at an L.C. Corporation construction site. By agreement of the parties the May 18, 1990 decision did not treat other relevant issues.
Whether an injury occurred and whether it arose in and out of the course of employment is a question of fact to be determined by the trier. Fair v. People’s Savings Bank, 207 Conn. 535 (1988). We will not disturb the trier’s conclusions unless found without evidence, contrary to law, or based on unreasonable or impermissible factual inferences. Id. Also we will not substitute our own conclusions for those of the trier if those conclusions are dependent upon the weight and credibility to be accorded the evidence below. Rivera v. Guida’s Dairy, 167 Conn. 524 (1967). The record here contains conflicting evidence about the events surrounding claimant’s injury, and the conclusions drawn are based on an assessment of the weight and credibility to be accorded that conflicting evidence. Besides the respondent did not file any Motion to Correct, so the factual findings of the trial commissioner must stand. Mack v. Blake Drug, 152 Conn. 523 (1965).
We therefore affirm the Finding and Award below and dismiss the appeal.
Pursuant to Sec. 31-301c(b) we grant interest at the rate permitted by statute on any amount remaining unpaid during the pendency of this appeal.
Commissioners Gerald Kolinsky and Andrew Denuzze concur.