5325 CRB-2-08-2 (2009). Darby v. Hart Plumbing Company.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5325 CRB-2-08-2 (2009). Darby v. Hart Plumbing Company CASE NO. 5325 CRB-2-08-2COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION FEBRUARY 4, 2009REGINALD DARBY CLAIMANT-APPELLANT v. HART PLUMBING COMPANY EMPLOYER and HARTFORD INSURANCE GROUP INSURER RESPONDENTS-APPELLEES APPEARANCES: The claimant was represented by Christopher G. Santarsiero, Esq., 100 Grand Street, Suite 2C, Waterbury, CT 06702. The respondents were represented by Laurence McLoughlin, Esq., Law Offices of David J. Mathis, 55 Farmington Avenue, Suite 500, Hartford, CT 06105. This Petition for Review from the February 21, 2008 Finding and Dismissal of the Commissioner acting for the Fifth District was heard September 26, 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 claimant in the present matter is appealing the denial of his claim for benefits for a back injury. While the claimant asserts his back injury was sustained while employed by the respondent, the trial commissioner was not persuaded that the claimant's injury occurred at work. We find the trial commissioner's decision was based primarily on finding the claimant was not credible. Since an appellate body cannot disturb a fact-finder's credibility assessment when appropriately grounded, we affirm the Finding and Dismissal and dismiss this appeal. The trial commissioner found the following facts. On August 11, 2005 the claimant was working as an apprentice plumber for the respondent on a construction project underway at the UConn campus in Storrs. The claimant said that at 7:30 am that day he was lifting an air conditioning motor that weighed about 150 pounds down an attic ladder. The claimant testified he was injured when he dropped the unit, and that he reported the incident to his supervisor, Paul Callahan. Mr. Callahan told the claimant to go to the "gang box" area and await a copy of an incident report. While at the gang box area, the claimant was pressed into service to clean up the area for a new crew of workers. Before this was completed, a group of sheet rock installers arrived and commenced working while the claimant was still removing items. The sheet rock installers began cutting up material with an electric saw and propelled a large cloud of dust into the air. The claimant asked them to wait for a minute so he could complete his work, but they continued sawing sheet rock. The claimant then unplugged the saw. A verbal dispute ensued and foremen were summoned to the job site. The claimant denies he was holding a sheetrock knife at the time and said he was holding an "s-clip," which is used for duct work. The claimant went home shortly after this incident. He testified that he was picked up at the work site by his wife at the time. He further testified he tried to see a doctor that afternoon about his back and neck. No incident report for the injury was received from Mr. Callahan and none was filled out. Later that afternoon, the claimant spoke to the respondent's President, Bob Gibbons, who told the claimant he had been terminated from work since the sheet rock crew had advised the foreman, Johnnie Doris, that the claimant had...