5299 CRB-3-07-11 (2009). McInnis v. Shelter Workz.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5299 CRB-3-07-11 (2009). McInnis v. Shelter Workz CASE NO. 5299 CRB-3-07-11COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION JUNE 11, 2009JAMES McINNIS CLAIMANT-APPELLEE v. SHELTER WORKZ EMPLOYER and AIG CLAIMS SERVICES INSURER RESPONDENTS-APPELLANTSAPPEARANCES:The claimant was represented by Richard Lynch, Esq., Lynch, Traub, Keefe & Errante, 52 Trumbull Street, P.O. Box 1612, New Haven, CT 06506. The respondents were represented by Colin Hoddinott, Esq., Law Offices of Jack V. Genovese, II, 200 Glastonbury Boulevard, Suite 301, Glastonbury, CT 06033. This Petition for Review(fn1) from the November 15, 2007 Finding and Award of the Commissioner acting for the Third District was heard April 24, 2009 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Peter C. Mlynarczyk and Christine L. Engel.OPINIONJOHN A. MASTROPIETRO, CHAIRMAN.The respondents in this matter have appealed from a Finding and Award which determined that the claimant was totally disabled during a period of time subsequent to his compensable injury. They argue that this decision was not supported by sufficient probative evidence. We determine the trial commissioner did have sufficient grounds to justify his decision. Moreover, to the extent there was a delay in when expert testimony was presented on the issues herein, such amounts to a "self-created hardship" on the part of the respondent AIG, who failed to provide the claimant timely access to a specialist.(fn2) As a result, we affirm the Finding and Award and dismiss this appeal.The trial commissioner reached the following findings at the conclusion of a formal hearing. On June 27, 2005 the claimant was employed by the respondent Shelter Workz when he sustained a work-related lumbar spine injury. Following that injury, the claimant treated at the Occupational Health and Rehabilitation Clinic. The claimant returned to light duty work with a restriction of no lifting over 25 pounds and limited bending. The claimant was then provided light duty work and commenced physical therapy. This work involved counting screws and placing them in a bag. The claimant was seated while performing this work and the box of screws weighed about one pound. The claimant alleges that he could not perform the light duty work because he had back pain and could not sit for a long period of time. He communicated this to his supervisor. The claimant then visited Occupational Health and Rehabilitation again on or after June 29, 2005 and was again returned to light duty work. This work was even lighter than the prior work, but the claimant alleges he could not perform the work. He advised Mr. Thomas Curtin, in the Human Resources Department, that he could not perform the light duty job. Mr. Curtin advised the claimant he would be terminated if he did not perform the light duty work. A series of events, including a meeting, a phone call and letters transpired, including a letter on June 28, 2005 informing the claimant he was to return to the light duty job by June 30, 2005 and if he did not return, it was to be considered that he had abandoned his job and he would be terminated. The claimant did return to work on June 30, 2005, and then left after a brief period of time because of...