3942 CRB-08-98-12 (1999). Dudley v. Wadsworth Glen.

• Case Date: October 14, 1999
• Court: Connecticut

Connecticut Workers Compensation 1999. 3942 CRB-08-98-12 (1999). Dudley v. Wadsworth Glen CASE NO. 3942 CRB-08-98-12COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION October 14, 1999ERIC DUDLEY CLAIMANT-APPELLANT v. WADSWORTH GLEN EMPLOYER and EBI INSURANCE CO. INSURER RESPONDENTS-APPELLEESAPPEARANCES: The claimant appeared on his own behalf. The respondents were represented by Robert J. Enright, Esq., McGann, Bartlett and Brown, 281 Hartford Turnpike, Suite 401, Vernon CT 06066. This Petition for Review from the December 4, 1998 Finding and Award of the Commissioner acting for the Eighth District was heard May 21, 1999 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Angelo L. dos Santos and Stephen B. Delaney. OPINION JESSE M. FRANKL, CHAIRMAN. The claimant has petitioned for review from the December 4, 1998 Finding and Award of the Commissioner acting for the Eighth District. In that decision the trial commissioner found that the claimant sustained temporary and self-limiting compensable injuries on May 31, 1997 and July 22, 1997. The trial commissioner found that the claimant was temporarily totally disabled from May 31, 1997 to June 9, 1997, and for a six-week period commencing July 22, 1997. In support of his appeal, the claimant reiterates his arguments made during the formal hearing that his current symptoms are related to his injuries of May 31, 1997 and July 22, 1997, and that these symptoms make it difficult for him to work. We find no error. We will first address the claimant's Motion to Submit Additional Evidence, in which the claimant seeks to present a tape recording of Dr. Moeckel. The admissibility of additional evidence is controlled by Administrative Regulations § 31-301-9. Section 31-301-9 states that additional evidence will be admitted if such evidence is material and if there were good reasons for failure to present it at the time of the proceedings before the trial commissioner. The evidence must not only be unavailable at the time of the proceedings, but must be undiscoverable with due diligence. Murdock v. Squires, 6 Conn. Workers' Comp. Rev. Op. 64, 550 CRD-7-87 (Dec. 1, 1988). The claimant seeks to submit the tape recording of Dr. Moeckel, with whom he had been treating prior to the date of the formal hearing. The...