5300 CRB-8-07-12 (2009). Wiggins v. City of Middletown.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5300 CRB-8-07-12 (2009). Wiggins v. City of Middletown CASE NO.5300 CRB-8-07-12COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION JANUARY 15, 2009WILLIAM J. WIGGINS, JR. CLAIMANT-APPELLEE v. CITY OF MIDDLETOWN EMPLOYER and WEBSTER RISK SERVICES, INC. INSURER RESPONDENTS-APPELLANTS APPEARANCES: The claimant was represented by Jeffrey Oliveira, Esq., Martocchio & Oliveira, LLC, 191 Main Street, Southington, CT 06489. The respondents were represented by Michael McAuliffe, Esq., Pomeranz, Drayton & Stabnick, 95 Glastonbury Boulevard, Glastonbury, CT 06033. Respondents were formerly represented by James Baldwin, Esq., Coles, Baldwin & Kaiser, LLC, 1261 Post Road, Fairfield, CT 06824. This Petition for Review from the November 19, 2007 Finding and Award of the Commissioner acting for the Eighth District was heard November 21, 2008 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Ernie R. Walker and Charles F. Senich. OPINION JOHN A. MASTROPIETRO, CHAIRMAN. The appeal herein is from a decision that the claimant's shoulder injuries were the result of an injury sustained in the workplace. The respondents argue the trial commissioner lacked sufficient probative evidence to award the claimant benefits for this injury. Our review indicates that the claimant's treating physician offered competent testimony which supported this award. Since we cannot revisit a trial commissioner's weighing of medical evidence, we affirm the Finding and Award and dismiss this appeal. The present claim was occasioned by an incident that claimant says occurred at work on November 2, 2003.(fn1) On that day, the claimant said he injured his shoulder while pulling a "Scott Pak;" which is a respiratory device which was affixed to a fire engine. The claimant testified that he reported this incident immediately to his employer. On April 23, 2004, the claimant filed a Form 30C stating that due to the injury he felt pain in his right arm, elbow, shoulder, wrist and hand. Prior to the November 2, 2003 incident the claimant had sustained accepted compensable injuries to his right master elbow, shoulder and wrist on October 16, 1999. These injuries required wrist and right elbow surgery. The juxtaposition of these injuries is relevant to the issues herein. The claimant treated with Dr. Terry Reardon, a board certified orthopedist, for his various injuries. On February 10, 2004, while treating his wrist and elbow injuries, the claimant told Dr. Reardon that he was "having problems in his shoulder." Dr. Reardon's records do not reflect further complaints as to the shoulder during 2004. The claimant underwent right elbow surgery on April 1, 2004. The claimant testified that he wanted to resolve the elbow injury prior to addressing his shoulder pain. He resumed treating for the shoulder pain on June 1, 2005. Prior to resuming treatment for his shoulder, the claimant was involved in a motor vehicle accident on March 6, 2005. He testified he injured his lower back as a result of the accident. Subsequent to this accident the claimant treated at Valley Physical Therapy. The claimant filled out a questionnaire for Valley Physical Therapy stating his shoulder pain commenced in March of 2005. At the formal hearing, the claimant testified this statement was a mistake. The motor vehicle claim was settled on October 27, 2005. The claimant underwent physical therapy for his shoulder injury in 2005 but this modality of treatment did not prove successful. He returned to Dr. Reardon and underwent additional testing and on December 7, 2005 underwent surgery. Following the surgery Dr. Reardon found the...