CASE NO. 611 CRD-2-87Workers’ Compensation Commission
JUNE 2, 1989
The Claimant appeared pro se.
The Respondent was represented by Robert Festa, Esq. and Robin Wilson, Esq., Assistant Attorneys General.
This Petition for Review from the July 1, 1987 Finding and Award of the Commissioner of the Eighth District acting for the Second District was heard October 28, 1988 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Darius Spain and Michael S. Sherman.
FINDING AND AWARD
The July 1, 1987 Finding and Award of the Eighth District Commissioner sitting for the Second District is affirmed except that Paragraph 7 is corrected to read as follows:
7. The claimant received full pay pursuant to Sec. 5-142(a), C.G.S., until May 26, 1986.
OPINION
JOHN ARCUDI, CHAIRMAN.
A previous appeal in this matter vacated a December 17, 1986 Finding and Award and remanded to the Second District, 570 CRD-2-87, April 27, 1987. The matter was then referred from the Second District to the Eighth District Commissioner. He issued the July 1, 1987 Finding and Award from which this appeal was taken by the claimant acting pro se.
There never has been any dispute concerning the original compensability of claimant’s November 23, 1983 back injury incurred in the employ of the Respondent at Mansfield Training School. Instead the disputed issues concern entitlement to continuing benefits. Claimant received full pay under Sec. 5-142a until May 28, 1986 when the Respondent-employer filed a Form 36 based on a medical report that he had recovered sufficiently to work four hours a day. The Finding and Award which is being contested by the employee found that maximum medical improvement was reached October 7, 1986 (Paragraph 12). A further finding concluded claimant had a five percent permanent partial disability of the back and was entitled to 26 weeks of benefits under Sec. 31-308(b) beginning on the date of maximum improvement (Paragraph 13).
On appeal claimant seeks to extend temporary total disability full pay benefits beyond October 7, 1986, contending he was still totally disabled beyond that date. Admittedly there was conflict in the medical evidence presented to the Commissioner. However, Dr. Gerard J. Lawrence of Willimantic and Dr. Kevin V. Bowling, both Board certified orthopedic surgeons, offered evidence that maximum medical improvement had been reached October 7 and further that claimant had a residual working capacity as of that date. Since there was such an evidentiary basis for the Commissioner’s conclusions we cannot disturb them, Fair v. People’s Savings Bank, 207 Conn. 535
(1988).
The appeal is dismissed and the July 1, 1987 Finding and Award is affirmed.
Commissioners Darius J. Spain and Michael S. Sherman concur.