ROGER SCHWARTZ, CLAIMANT-APPELLEE vs. CITY OF MERIDEN, EMPLOYER, RESPONDENT-APPELLANT

CASE NO. 291 CRD-6-83Workers’ Compensation Commission
MAY 13, 1987

The claimant was represented by Gerald F. Stevens, Esq., Stevens, Moran, Carroll Carveth.

The respondent was represented by Alfred L. Fordiani, Esq., City of Meriden.

This Petition for Review from the December 16, 1983 Finding and Award issued by the Sixth District Commissioner was heard May 31, 1985 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Gerald Kolinsky and Frank Verrilli.

FINDING AND AWARD

The Finding and Award of the trial Commissioner is affirmed and adopted as the Finding and Award of this tribunal.

OPINION

JOHN ARCUDI, Chairman.

Claimant had been employed as a Meriden fireman. The Sixth District Commissioner found claimant was entitled to benefits under Sec. 7-433c due to hypertension in a March 8, 1983 Finding and Award. Claimant was also granted a disability pension by the respondent. Then a December 16, 1983 Finding and Award granted claimant 10% permanent partial impairment of his cardiovascular system.

The respondent has appealed the last decision arguing that the Commissioner’s findings and conclusions of claimant’s disability were inconsistent and unsupported by the evidence presented below. We disagree.

The record contains medical expert testimony asserting that claimant suffered as much as 15% impairment due to hypertension. Therefore, it was not unreasonable for the trial Commissioner to conclude that the claimant suffered a 10% permanent partial disability. We cannot disturb his findings unless they were contrary to law or were based on unreasonable inferences drawn from the subordinate facts. Adzima v. UAC Norden Division, 177 Conn. 107, 118 (1979).

We, therefore, affirm the Commissioner’s Finding and Award.

Commissioners Gerald Kolinsky and Frank Verrilli concur.

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