5328 CRB-1-08-3 (2009). Fountain v. Coca Cola Bottling Company.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5328 CRB-1-08-3 (2009). Fountain v. Coca Cola Bottling Company CASE NO. 5328 CRB-1-08-3COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION FEBRUARY 18, 2009EDWARD FOUNTAIN CLAIMANT-APPELLEE v. COCA COLA BOTTLING COMPANY EMPLOYER and CNA INSURANCE COMPANIES INSURER RESPONDENTS-APPELLANTS APPEARANCES: The claimant was represented by Jan P. van der Werff, Esq., Law Office of Jan P. van der Werff, One Barnard Lane, Suite 202, Bloomfield, CT 06002. The respondents were represented by Ann Marie Keaney, Esq., and Robert K. Jahn, Esq., Morrison Mahoney, LLP, One Constitution Plaza, Hartford, CT 06103. This Petition for Review from the February 27, 2008 Finding and Award of the Commissioner acting for the First 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 respondents have appealed an award of temporary partial disability benefits awarded to the claimant pursuant to §31-308(a) C.G.S. The respondents argue this award was based on inadequate and inconclusive evidence. Since we believe it is the duty of the trial commissioner to weigh the evidence, especially as it pertains to the credibility of the claimant, we do not find reversible error. We affirm the Finding and Award and dismiss this appeal. The trial commissioner found the following facts. He took administrative notice of a prior Voluntary Agreement approved August 24, 1998 in which the respondents accepted the claimant's low back injury which occurred on September 8, 1997. The Voluntary Agreement also designated Dr. Stephen Calderon as the claimant's treating physician and established a 10% permanent partial disability rating with a base compensation rate of $457.98 per week. The claimant was employed by Coca Cola for a fifteen year period concluding in 2003. He was employed as a "route merchandiser" by Coca Cola, which entailed delivering, lifting, loading, and unloading 350-500 cases of soda per day, each weighing approximately thirty (30) pounds. On September 8, 1997 the claimant was delivering ten cases of soda to a convenience store and lifting this product up a stair when he felt a sharp pain in his back. The September 8, 1997 injury...