5326 CRB-5-08-3 (2009). Smith v. City of Waterbury.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5326 CRB-5-08-3 (2009). Smith v. City of Waterbury CASE NO. 5326 CRB-5-08-3COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSIONFEBRUARY 4, 2009 WALTER SMITH CLAIMANT-APPELLANT v. CITY OF WATERBURY EMPLOYER SELF-INSURED and BERKLEY ADMINISTRATORS RESPONDENTS-APPELLEES APPEARANCES: The claimant was represented by Jill F. Morrissey, Esq., and David J. Morrissey, Esq., Morrissey, Morrissey & Mooney, LLC, 203 Church Street, P.O. Box 31, Naugatuck, CT 06771. The respondents were represented by Matthew Necci, Esq., and Frank May, Esq., Montstream & May, LLP, 655 Winding Brook Drive, P.O. Box 1087, Glastonbury, CT 06033-6087. This Petition for Review from the February 22, 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 this matter, a retired Waterbury police officer, appeals from the decision of the trial commissioner denying him temporary total disability benefits. We find that based on the record before the trial commissioner, the decision on whether to award such benefits was committed to the commissioner's discretion. Accordingly, we affirm the trial commissioner and dismiss this appeal. The trial commissioner found the following facts which are not disputed by the parties. The claimant retired from the Waterbury Police Department in 1994 at the age of 62. At that point he was diagnosed with heart disease, which has been accepted as a § 7-433c C.G.S. claim by the respondents. The claimant has not worked since his retirement, and has been collecting approximately $3,200 per month in pension and social security benefits. The claimant now asserts that as of March 12, 2004 he was totally disabled and seeks benefits under § 31-307 C.G.S. The claimant presented an opinion from his treating physician, Dr. Joseph Anthony, a cardiologist, that he was unable to work in any capacity. He also presented an opinion from his other treating physician, Dr. John Salerno, a doctor of internal medicine, that he was unable to work because of his cardiac condition. The trial commissioner reviewed the medical records of the treating physicians. The commissioner noted that between October 4, 1989 and December 30, 2005, claimant had visited Dr. Salerno on 45 occasions. Only three of Dr. Salerno's notes indicate treatment for a heart related problem-June 29 and July 18, 1990, and December 30, 2005. The commissioner also reviewed the results of cardiac tests performed on the claimant. On March 11, 2004, the claimant...