CASE NO. 556 CRD-3-87Workers’ Compensation Commission
JUNE 24, 1988
The claimant was represented by Peter E. Ricciardi, Esq. For a period of time at the trial level Claimant was represented by Jacobs, Grudberg, Belt Dow.
The respondents were represented by Jason M. Dodge, Esq., Pomeranz, Drayton Stabnick.
This Petition for Review from the January 20, 1987 Finding and Award of the Commissioner for the Third District was heard June 26, 1987 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Gerald Kolinsky and Michael S. Sherman.
OPINION
JOHN ARCUDI, Chairman.
Claimant sustained head, chin and cervical spine injuries in a one car automobile accident at about 1:15 A.M. August 11, 1983. At that time he was returning home after a dinner meeting in West Haven with a customer and some subsequent work in the Milford office of the employer lasting until after midnight of August 10. Claimant was driving an employer-provided rental vehicle. On December 9, 1983 Claimant was involved in a non-compensable automobile accident.
The Third District January 20, 1987 Finding and Award found that the August 11, 1983 accident arose in and out of the course of employment and it had caused total incapacity. Respondents’ appeal contends the August 11, 1983 accident did not arise in and out of the course of employment and Claimant was not totally disabled from August 11, 1983 to January 20, 1987, the date of the Commissioner’s Finding and Award.
The record contains evidence to sustain the trial Commissioner’s factual determination that the August 11, 1983 accident arose in and out of the employment. We therefore will not disturb the Commissioner’s conclusions as there was evidence to support her finding and as long as the finding was not contrary to law or based on an illegal or unreasonable factual inference, Fair v. People’s Bank, 207 Conn. 535 (1988).
However, paragraph #39 of the Finding and Award stated:
“I further find that inasmuch as the medical evidence is conflicting and inconclusive as to the amount of aggravation contributed by the December 9, 1983 accident, should further medical and surgical treatment indicate new evidence as to any contributory factors, a request for further hearing may be had as to continued compensation benefits and permanency.”
That statement in the Commissioner’s finding indicates that the evidence is inconclusive as to whether the non-compensable December 9, 1983 accident contributed to Claimant’s incapacity. There must therefore be further proceedings below to determine whether the December incident was an intervening event in the causative chain which could relieve Respondents of continuing liability for Claimant’s incapacity.
The decision that the August 11, 1983 accident was compensable is affirmed, but the matter is remanded for further proceedings.
Commissioners Gerald Kolinsky and Michael S. Sherman concur.