5284 CRB-7-07-10 (2009). Lee v. Standard Oil of Connecticut, Inc.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5284 CRB-7-07-10 (2009). Lee v. Standard Oil of Connecticut, Inc CASE NO. 5284 CRB-7-07-10COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION FEBRUARY 25, 2009CLAIMANT-APPELLEE v. STANDARD OIL OF CONNECTICUT, INC. EMPLOYER and AIG CLAIMS INCORPORATED INSURER RESPONDENTS-APPELLANTS APPEARANCES: The claimant was represented by Brendan T. Canty, Esq., Kerin & Canty, P.C., 193 East Avenue, Norwalk, CT 06855. The respondents were represented by Lynn M. Raccio, Esq., Law Offices of Jack V. Genovese, II, 200 Glastonbury Boulevard, Suite 301, Glastonbury, CT 06033. This Petition for Review from the September 28, 2007 Finding and Award of the Commissioner acting for the Seventh District was heard October 28, 2008 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Ernie R. Walker and Charles F. Senich. OPINIONJOHN A. MASTROPIETRO, CHAIRMAN.The respondents in this matter appeal from the September 28, 2007 Finding and Award of the Commissioner acting for the Seventh District.(fn1) In that Finding and Award the trial commissioner concluded that the claimant sustained a low back injury that arose out of and in the course of his employment. The pertinent facts are as follows. The claimant was employed by the respondent employer as a home heating oil delivery person. The claimant alleged that as a result of that employment he suffered a hernia injury and lower back injury. The hernia injury was accepted by the respondents, but the claim for the claimant's back problem was contested. The record in this matter indicates that on December 19, 2005 the claimant filed a Form 30C written notice of claim in which he alleged hernia and back injuries due to repetitive trauma. The date of injury on the notice is given as July 25, 2005. In testimony before the trial commissioner, the claimant described his duties which included making some 40 to 50 daily deliveries of home heating oil. The completion of that task required the carting of a 170 foot, 5 inch round hose filled with oil over various terrain and in various weather. The claimant specifically cited one incident occurring on December 24, 2004 in which he fell twice while making an oil delivery. The claimant also testified that driving the oil delivery truck required climbing up into...