LEARY v. A P GROCERIES, 582 CRD-5-87 (1-5-89)

LexRoll.com > LexRoll (CT) > Connecticut Workers Compensation Commission Opinions > LEARY v. A P GROCERIES, 582 CRD-5-87 (1-5-89)
FRANCIS LEARY, CLAIMANT-APPELLANT vs. A P GROCERIES, EMPLOYER and UNDERWRITERS ADJUSTING CO., INSURER, RESPONDENTS-APPELLEES

CASE NO. 582 CRD-5-87Workers’ Compensation Commission
JANUARY 5, 1989

The claimant was represented by Edward T. Dodd, Esq.

The respondents were represented by James Pomeranz, Esq. and Jason Dodge, Esq., both of Pomeranz, Drayton Stabnick.

This Petition for Review from the March 24, 1987 Finding and Dismissal of the Commissioner for the Fifth District was heard June 24, 1988 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Darius J. Spain and Michael S. Sherman.

OPINION

JOHN ARCUDI, Chairman.

Claimant seeks reversal of the Fifth District’s March 24, 1987 Finding and Dismissal. That document stated it was “limited to the sole question of whether the claimant suffered a work-related injury sometime in December, 1984”. The Finding then related, Paragraph #5, “It is found that the claimant did engage in the process of unloading trucks for the respondent, A P Groceries, that there is no evidence of any accidental injury of any kind in 1984”. That last cited finding may well have been a basis for a compensable injury under that part of the Act permitting recovery for disability resulting from repetitive trauma, Sec. 31-275(8)[1] , C.G.S.. But it does not appear that the trier even considered that theory of compensability.

The claimant may be able to establish a repetitive injury on further hearings, Glodenis v. American Brass Co., 118 Conn. 29, (1934). We herewith sustain the appeal and remand for further proceedings consistent herewith.

Commissioners Darius J. Spain and Michael S. Sherman concur.

[1] Sec. 31-275(8), C.G.S. provides: “Personal injury’ or injury’, as the same is used in this chapter, shall be construed to include, in addition to accidental injury which may be definitely located as to the time when and the place where the accident occurred, an injury to an employee which is causally connected with his employment and is the direct result of repetitive trauma or repetitive acts incident to such employment, and occupational disease as herein defined.”