CASE NO. 947 CRD-3-89-11Workers’ Compensation Commission
MAY 3, 1991
The claimant was represented by Anthony J. Lasala, Esq., Lasala, Walsh Wicklow.
The respondents were represented by Jason Dodge, Esq., Richard Aiken, Jr., Esq., Lucas Strunk, Esq. all of Pomeranz, Drayton and Stabnick.
This Petition for Review from the November 14, 1991 Finding and dismissal of the Commissioner at Large acting for the Third District was heard October 26, 1990 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Andrew Denuzze and Michael S. Sherman.
OPINION
JOHN ARCUDI, CHAIRMAN.
The claimant has appealed the Dismissal of his claim. The trial commissioner concluded that claimant had failed to meet his burden of proof on a claim that a compensable back injury occurred August 4, 1987.
The commissioner’s conclusion is essentially a factual determination. Fair v. People’s Savings Bank, 207 Conn. 535, 541
(1988). In this instance that conclusion is dependent upon the weight and credibility of the witnesses below, and we therefore cannot disturb the trier’s decision. Wheat v. Red Star Express Lines, 156 Conn. 245 (1968). We may only overrule the trial commissioner when his conclusions are unsupported by evidence, contrary to law or based on unreasonable or impermissible factual inferences. Fair, supra.
Our review of the proceedings below indicates that there was evidence from which the trial commissioner could have reasonably concluded as he did.
We therefore affirm the Commissioner’s Finding and dismissal and dismiss the appeal.
Commissioners Andrew Denuzze and Michael S. Sherman concur.