4793 CRB-4-04-3 (2005). Piscitelli v. Textron Lycoming Division.

Case DateJuly 07, 2005
CourtConnecticut
Connecticut Workers Compensation 2005. 4793 CRB-4-04-3 (2005). Piscitelli v. Textron Lycoming Division CASE NO. 4793 CRB-4-04-3COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION July 7, 2005GENE PISCITELLI, CLAIMANT-APPELLANT v. TEXTRON LYCOMING DIVISION, EMPLOYER and TRAVELERS PROPERTY CASUALTY, INSURER, RESPONDENTS-APPELLEESAPPEARANCES: The claimant was represented by Howard Eckenrode, Esq., Meuser, Eckenrode and Hayes, 86 Cherry Street, P.O. Box 507, Milford, CT 06460. The respondents were represented by Jason Dodge, Esq., Pomeranz, Drayton and Stabnick, 95 Glastonbury Boulevard, Glastonbury, CT 06033.This Petition for Review from the March 17, 2004 Finding and Award in Part and Dismissal in Part of the Commissioner acting for the Fourth District was heard October 22, 2004 before a Compensation Review Board panel consisting of Commissioners Charles F. Senich, Leonard S. Paoletta and Howard H. Belkin.OPINIONCHARLES F. SENICH, COMMISSIONER. The claimant, Gene Piscitelli, has appealed from the March 17, 2004 Finding and Award in Part and Dismissal in Part of the Commissioner acting for the Fourth District.1 We affirm the decision of the trial commissioner. Initially, we will address the respondents' September 3, 2004 Motion to Dismiss based upon the claimant's failure to file a timely brief. In response to that motion the claimant filed a Motion for Leave to File Brief Out of Time on September 10, 2004. The claimant's counsel explained that through an inadvertent error he failed to prepare and file a timely brief and stated that he had alleged a good basis for the appeal. The claimant filed his brief on September 29, 2004 which allowed the respondents adequate time to file a reply brief prior to the oral argument before this panel on October 22, 2004. The respondents have not alleged any prejudice, therefore, we deny the respondents' Motion to Dismiss. See, Fox-Gould v. Brooks Pharmacy, 4215 CRB-2-00-3 (May 23, 2001). The pertinent facts are as follows. The claimant has a complex medical history. Dr. Eric M. Garver has been treating the claimant for left knee problems due to an injury the claimant sustained in the 1980's. Claimant's Exhibit YY, June 19, 2003 Deposition of Dr. Eric M. Garver, p. 5. The claimant underwent ongoing treatment for that injury which spanned over decades. He went through over twenty surgical procedures which were performed by various surgeons in three different states. He endured extensive physical therapy and was prescribed anti-inflammatory and pain medications. He had knee injections and used a TENS unit.2 Id., p. 6. As a result of this knee injury the claimant experienced chronic posttraumatic arthritis of the entire knee. Id. On November 4, 1989 the claimant sustained an accepted compensable left knee injury at work as a result of an electrocution accident while working for the respondent-employer. January 9, 2002 Transcript, p. 45. At the formal hearing the claimant sought compensability of injuries to his hands, wrists, fingers, left hip, right foot, right toe and back relating to that same incident. The claimant also sought compensation for a related psychological claim, pain management and § 31-312 C.G.S. reimbursement for prescriptions and mileage. Additionally, the claimant made a claim for temporary total disability benefits.3 The claimant testified about the medical problems which he believed were the result of the November 4, 1989 injury. He described the pain medications he was taking and the side effects he experienced from the drugs. He listed many of the doctors he had treated with or been evaluated by. The claimant testified that he believed that he was unable to work. He described how his activity level changed after the injury. He testified that he had done...

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