CASE NO. 4210 CRB-6-00-3 CLAIM NO. 601016272Workers’ Compensation Commission
MAY 4, 2001
The claimant appeared on his own behalf.
The respondents were represented by Richard Bartlett, Esq., McGann, Bartlett, Brown, 281 Hartford Turnpike, Vernon, CT 06066.
This Petition for Review from the March 14, 2000 Finding and Dismissal of the Commissioner acting for the Sixth District was heard December 1, 2000 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Robin L. Wilson and Leonard S. Paoletta.
DISMISSAL
JOHN A. MASTROPIETRO, CHAIRMAN.
The claimant has filed a timely petition for review from the March 14, 2000 Finding and Dismissal of the Commissioner acting for the Sixth District. The claimant has failed to file a motion to correct, reasons of appeal, or a brief.
Accordingly, we dismiss the claimant’s appeal for failure to prosecute with proper diligence pursuant to Practice Book § 85-1. See Thomasv. Cash Oil, 15 Conn. Workers’ Comp.Rev.Op. 410, 2272 CRB-3-95-1 (Aug. 28, 1996); Divita v. Thames Valley Steel, 12 Conn. Workers’ Comp.Rev.Op. 50, 1541 CRB-2-92-10 (Jan. 26, 1994); Milardo v. ShuckPetroleum, 11 Conn. Workers’ Comp.Rev.Op. 279, 1559 CRB-8-92-11
(Nov. 22, 1993).
Even if we were to consider the merits of the claimant’s appeal, we would necessarily affirm the trial commissioner’s decision. This is because, based upon the claimant’s presentation at oral argument before this board, the claimant is attempting to retry the facts of this case, which this board may not do. Specifically, the trial commissioner found that the claimant did not meet his burden of proof that he sustained an injury while at work on August 14, 1998. The trial commissioner considered the claimant’s testimony that on that date his supervisor grabbed him violently. The trial commissioner did not find the claimant’s testimony to be credible. In a workers’ compensation case, issues of credibility are the sole province of the trial commissioner. Kish v.Nursing Home Care, Inc., 47 Conn. App. 620, 627 (1998). This board may not reverse decisions regarding the credibility of witnesses on review, and may not enter its own findings in place of those of the trial commissioner. Id.; Webb v. Pfizer, Inc., 14 Conn. Workers’ Comp.Rev.Op. 69, 70-71, 1859 CRB-5-93-9 (May 12, 1995).
The claimant’s appeal is dismissed.
Commissioners Robin L. Wilson and Leonard S. Paoletta concur.
CERTIFICATIONTHIS IS TO CERTIFY THAT a copy of the foregoing was mailed this 4th
day of May 2001 to the following parties:
AYON SIMPSON 7099 3400 0008 5807 7308
MEDIPLEX OF WETHERSFIELD
RICHARD BARTLETT, ESQ. 7099 3400 0008 5807 7292
_____________________ Lorraine Lockery Administrative Hearings Lead Specialist Compensation Review Board Workers’ Compensation Commission