3993 CRB-05-99-03 (2000). Osowiecki v. O and G Industries.

• Case Date: April 13, 2000
• Court: Connecticut

Connecticut Worker Compensation 2000. 3993 CRB-05-99-03 (2000). Osowiecki v. O and G Industries CASE NO. 3993 CRB-05-99-03COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION April 13, 2000JOHN OSOWIECKI CLAIMANT-APPELLANT v. O and G INDUSTRIES EMPLOYER and ITT HARTFORD INSURER RESPONDENTS-APPELLEESAPPEARANCES: The claimant was represented by Richard Gilland, Esq., Gilland and Gilland, 290 Main Street, Terryville, CT 06786. The employer and its insurer were represented by Richard T. Stabnick, Esq. and Margaret McGrail, Esq., Pomeranz, Drayton and Stabnick, 95 Glastonbury Boulevard, Glastonbury, CT 06033. This Petition for Review from the March 8, 1999 Finding and Award of the Commissioner acting for the Fifth District was heard October 15, 1999 before a Compensation Review Board panel consisting of the then Commission Chairman, Jesse M. Frankl and Commissioners Angelo L. dos Santos and Stephen B. Delaney. OPINION JESSE M. FRANKL, COMMISSIONER. The claimant has petitioned for review from the March 8, 1999 Finding and Award of the trial commissioner acting for the Fifth District. In that decision the trial commissioner found that the claimant sustained a relatively minor soft tissue injury to his neck and back on September 20, 1993, and concluded that there was no permanent disability to his neck or back. In support of his appeal, the claimant contends that the trial commissioner erred in concluding that the claimant ceased being totally disabled on November 8, 1993. Additionally, the claimant argues that the trial commissioner failed to provide a reason for not following the opinion of Dr. Flynn, who conducted an examination at the request of a trial commissioner. The claimant has also filed a Motion to Submit Additional Evidence. The trial commissioner found the following relevant facts. On September 20, 1993, the claimant sustained a minor soft tissue injury to his neck and back while employed with the respondent employer. The claimant first sought treatment with Dr. Saporito, a chiropractor, who treated the claimant on a monthly basis from September 27, 1993 to January 20, 1999. The claimant testified that from September 20, 1993 onward he was capable of doing something other than manual labor but had not looked for employment. Dr. Saporito issued disposition slips contemporaneous with treatment which indicated the...