CASE NO. 478 CRD-6-86Workers’ Compensation Commission
JUNE 15, 1988
The claimant was represented by Gerald F. Stevens, Esq., Stevens, Moran, Carroll Carveth.
The respondents were represented by Robert E. Beach Jr., Esq., Naab Danforth.
This Petition for Review from the April 10, 1986 Corrected Finding and Award of the Commissioner for the Sixth District was heard June 26, 1987 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Robin Waller and Gerald Kolinsky.
FINDING AND AWARD
The Sixth District Corrected Finding and Award of April 10, 1986 is hereby affirmed and adopted as the Finding and Award of this Division.
OPINION
JOHN ARCUDI, Chairman.
Respondents have appealed the Sixth District April 10, 1986 Corrected Finding and Award in which the trial Commissioner awarded Claimant a 15% permanent partial disability of Claimant’s cardiovascular system. They question (1) the trial Commissioner’s denial of their June 27, 1986 Motion to Correct, (2) the finding that Claimant suffered a permanent partial impairment of the heart, (3) the conclusion that Respondents are responsible for continuing medical payments and (4) the conclusion that any compensable event occurred.
In essence, they ask us to review the factual findings of the trial Commissioner. As we have noted on numerous occasions, we will not substitute our findings of fact and conclusions for those of the trial Commissioner “unless they result from an incorrect application of the law to the subordinate facts or from an inference illegally or unreasonably drawn from them”, Adzima v. UAC/Norden Division, 177 Conn. 107, 117-118 (1979) (citations omitted). See also, Fair v. People’s Savings Bank, 207 Conn. 535 (1988). The Compensation Review Division does not provide a de novo review. Fair, supra at 538.
The parties had entered into an approved Voluntary Agreement on May 2, 1985, declaring date of injury to be September 4, 1984 and describing the injury as “Stress related angina aggravating a pre-existing condition of coronary atherosclerosis resulting in triple by-pass surgery” This established the occurrence of the compensable event. The evidentiary record below presents testimonial depositions of two physicians, Dr. John F. Summa and Dr. David D. Swett, both board certified in internal medicine and the subspeciality of cardiology. In the instant case Dr. David Swett was the treating physician. Dr. Swett in his October 2, 1985 Deposition at pages 14-16 testified that the claimant suffered an impairment of fifteen percent (15%) of his cardiovascular system. Clearly, Dr. Swett’s testimony when coupled with the testimony of Dr. Summa and the claimant provides an adequate evidentiary basis from which the trial Commissioner could conclude that the claimant suffered a permanent partial disability of 15%.
We affirm the Sixth District Finding and Award.
Commissioners Robin Waller and Gerald Kolinsky concur.