CASE NO. 204 CRD-5-83Workers’ Compensation Commission
DECEMBER 23, 1986
The claimant was represented by Michael J. Daly, III., Esq.
Respondent, Fireman’s Fund Insurance Company was represented by Robert D. McGann, Esq., McGann, Bartlett Brown.
Respondent, Insurance Company of North America was represented by James L. Pomeranz, Esq., Pomeranz, Drayton Stabnick.
Claimant-Appellant was the only party who filed a brief with the Compensation Review Division.
This Petition for Review from the February 1, 1983 Finding and Award of the Fifth District Commissioner was heard April 27, 1984 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi and Commissioners Andrew Denuzze and Frank Verrilli.
OPINION
JOHN ARCUDI, Chairman.
Claimant’s Motion to Correct the Commissioner’s February 1, 1983 Finding and Award was never acted upon below. However, the issues raised in that Motion are the same as those being pressed in this appeal. We fail to see that the appeal presents any justiciable claim. Claimant was awarded all the benefits he sought below. His only quarrel was with the Commissioner’s finding that this employee had a condition known as Osgood-Schlatter’s disease and claimant wanted the Commissioner to substitute a finding that he had a pre-existing condition known as osteochondritis dissecans of the knee.
As we have held on numerous other occasions we will not substitute our findings of fact for the Commissioner below unless such findings were based on “an incorrect application of law to the subordinate facts found or from an inference illegally or unreasonably drawn from them.” Adzima v. U.A.C. Norden Division, 177 Conn. 107, 118 (1979). Moreover, we are guided also by the common law maxim lex non praecipit inutilia, the law does not command useless things.
Thus, as no justiciable issue has been presented on appeal we affirm the Finding and Award of the Commissioner.
Commissioners Andrew Denuzze and Frank Verrilli concur.