CASE NO. 209 CRD-7-83Workers’ Compensation Commission
FEBRUARY 5, 1985
The Claimant was represented by Frank W. LiVolsi, Esq.
The Respondent was represented by Frank W. Murphy, Esq.
This Petition for Review from the February 18, 1983 Finding and Award of the Commissioner for the Seventh District was argued on January 25, 1985 before a Compensation Review Division Panel consisting of Chairman, John Arcudi and Commissioners Edward F. Bradley and Rhoda Loeb.
FINDING AND AWARD
The Finding and Award of the Commissioner below is affirmed and adopted as the Finding and Award of this Compensation Review Division.
OPINION
JOHN ARCUDI, Chairman.
Respondent-Appellee’s Cross Appeal contained in the Preliminary Statement of Issues By Appellee dated March 4, 1983 is dismissed for reasons stated in Fortin v. State of Conn., 138 CRD-6-82, 2 Conn. Workers’ Comp. Review Op. 33 (9/19/83).
The Commissioner below found claimant eligible for 7-433c
benefits and therefore eligible for the full range of Chapter 568 benefits in successive Findings and Awards dated December 14, 1981 and February 18, 1983. Claimant appealed the last Finding and Award seeking some ruling on impaired earning ability. However, apart from the medical testimony taken at formal hearings on December 6, 1982 and February 14, 1983 there was no testimony as to actual wage loss or permanent partial impairment.
Under the circumstances there does not seem to be any appealable issue at present. If the claimant wishes to assert a claim based on wage loss or permanent partial impairment resulting from the compensable condition, he certainly is free to do so by presenting testimony to support his claim before the trial commissioner. If that claim is denied, he may then have an appealable issue which this Division can consider.
The decision of the administrator is affirmed.
Commissioners Bradley and Loeb concur in this opinion.