5343 CRB-7-08-5 (2009). Burns v. Wal-Mart Stores, Inc.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5343 CRB-7-08-5 (2009). Burns v. Wal-Mart Stores, Inc CASE NO. 5343 CRB-7-08-5COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION MARCH 23, 2009BONNIE BURNS CLAIMANT-APPELLEE v. WAL-MART STORES, INC. EMPLOYER and CLAIMS MANAGEMENT, INC. INSURER RESPONDENTS-APPELLANTS APPEARANCES: The claimant was represented by Guy DePaul, Esq., Jones, Damia, Kaufman, Borofsky & DePaul, 301 Main Street, P.O. Box 157, Danbury, CT 06813-0157. The respondents were represented by Nicholas C. Varunes, Esq., Varunes & Associates, P.C., Five Grand Street, Hartford, CT 06106. This Petition for Review from the May 1, 2008 Finding and Award of the Commissioner acting for the Seventh 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. OPINIONJOHN A. MASTROPIETRO, CHAIRMAN.The respondents in this case have appealed the Finding and Award granted to the claimant, who asserts her current back ailments are the result of a compensable injury suffered while working for the respondents at their Danbury, CT store. The respondents argue that the claimant did not need surgery until she moved to South Carolina and started working at a store there; and argue her current medical condition must be the result of an injury sustained after she relocated to the South. We find the trial commissioner relied on probative evidence linking the claimant's condition to the Connecticut injury. Therefore, we affirm the Finding and Award and dismiss this appeal. The trial commissioner found the following facts. He found there was no dispute as to whether the claimant suffered a compensable injury to her low back and right leg on April 18, 2003 while employed by Wal-Mart in Connecticut. He also found the parties agreed the claimant had relocated to South Carolina following that injury and commenced working for a Wal-Mart in that state.(fn1) When the claimant moved to South Carolina she began treating with Dr. William Mills. Dr. Mills treated the claimant's pain complaints in October 2003 by performing a bilateral facet injection. The respondents authorized Dr. Mills as the claimant's treating physician in May 2004. On March 31, 2004 the respondents had the claimant examined by their doctor, A. Mason Ahearn in South Carolina. Dr. Ahearn...