5360 CRB-7-08-7 (2009). Cuadrado v. Stop & Shop Companies, Inc.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5360 CRB-7-08-7 (2009). Cuadrado v. Stop & Shop Companies, Inc CASE NO. 5360 CRB-7-08-7COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSIONJULY 2, 2009HAYSEBELL CUADRADO CLAIMANT-APPELLANT v. STOP & SHOP COMPANIES, INC. EMPLOYER and MAC RISK MANAGEMENT ADMINISTRATOR/INSURER RESPONDENTS-APPELLEESAPPEARANCES:The claimant appeared pro se. At the trial level, the claimant was represented by Steven H. Cousins, Esq., 324 Elm Street, Suite 2018, Monroe, CT 06468. The respondents were represented by Clayton J. Quinn, Esq., The Quinn Law Firm, LLC, 204 South Broad Street, Milford, CT 06460. This Petition for Review from the June 12, 2008 Finding and Dismissal of the Commissioner acting for the Seventh District was heard on January 23, 2009 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Peter C. Mlynarczyk and Randy L. Cohen.OPINION JOHN A. MASTROPIETRO, CHAIRMAN. The claimant has petitioned for review from the June 12, 2008 Finding and Dismissal of the Commissioner acting for the Seventh District. We find no error, and affirm the decision of the trial commissioner.The following factual findings are pertinent to our review. The claimant, who began working for the respondent employer in May of 2000, was employed as a food service manager in the seafood/meat department on March 17, 2006. The claimant testified that while at work on that date, as she was picking up a box of bacon which weighed approximately thirty (30) pounds, she "felt something happen to her back, with a bit of pain down her left leg." Findings, ¶ 5. On March 18, 2006, the claimant reported feeling "excruciating" pain and went to the emergency room at Bridgeport Hospital. Findings, ¶ 7. The claimant testified that she gave a medical history at Bridgeport Hospital regarding her back injury. The Bridgeport Hospital medical records state, inter alia, that the claimant had experienced "five days of increasing pain, strong left buttock/low back pain radiating down left leg to knee and into groin" and that her "[p]ain started after work, after a day of heavy lifting." Claimant's Exhibit A. The claimant subsequently consulted Scott Waller, M.D., an orthopedic surgeon, for follow-up treatment. In his report of March 20, 2006, Dr. Waller indicated the claimant had reported "the onset of back pain symptoms three days prior to her ER visit" and "[t]here is no known history or change in activity pattern." Claimant's Exhibit E. Dr. Waller referred the claimant to Patrick P. Mastroianni, M.D., a neurosurgeon, who performed an L4-5 laminectomy on the claimant. In his report dated April 11, 2007, Dr. Mastroianni opined that the injury of March 17, 2006 "was indeed a substantial factor in producing the disc pathology at the L4-5 level which ultimately required surgical correction." Claimant's Exhibit B. The doctor also stated that although the claimant had "minor lumbar symptomology preceding the injury, she had no specific prior injury and the level of severity was nothing like what she experienced after the March 17, 2006 injury." Id. Following a formal hearing held in this matter on November 6, 2007 at which both parties were represented by counsel, the trial commissioner determined the claimant did not sustain a back injury in the lifting incident of March 17, 2006. The trial commissioner, having found neither the claimant's testimony nor Dr. Mastroianni's opinion credible or persuasive, dismissed the claim. The claimant filed a timely Petition for Review on July 2, 2008 and subsequently filed a document entitled "Appeal from Findings and Dismissal dated July 12, 2008." On December 2, 2008, the respondents filed a "Motion to Preclude"(fn1) objecting to the materials submitted by the claimant on July 12, 2008 on the basis that the document was an "attempt to submit additional evidence, facts and/or testimony that was not properly submitted at trial." Respondents' Motion to Preclude, p. 1. The respondents also filed a Motion to Dismiss based upon the claimant's failure to either file a brief in compliance with this board's briefing schedule or a request for an extension of time in which to do so.(fn2) On December 16, 2008, the claimant filed a second document entitled, "Response to & Object to Motion to Preclude, Motion to Dismiss, & Respondents Brief, Dated 12/2/2008, Motion to Dismiss, Dated 12/2/2008, and Respondents Brief Dated 12/8/2008." The claimant appeared pro se at oral argument. We begin with a discussion of the procedural irregularities attendant upon this claim. As previously noted herein, the claimant neglected to file Reasons of Appeal or a brief or request an extension of time for filing a brief. We have previously observed that "[i]t is especially important that the appealing party provide a brief, so that this board and the other parties understand the grounds for the appeal." Walter v. Bridgeport, 5092 CRB-4-06-5 (May 16, 2007). Absent a brief, "this board has discretion to dismiss an appeal for failure to prosecute with due diligence." Id., citing Reaves v. Brownstone Construction, 3930 CRB-4-98-11 (November 30, 1999). However, it is also well-settled that "it is the policy of Connecticut courts and this board to accommodate pro se claimants as much as possible by liberally construing procedural rules where doing so does not interfere with the rights of other parties." Walter, supra, citing Ferrin v. Glen Orne Leasing/Webster Trucking, 4802 CRB-8-04-4 (March 28, 2005). See also Vanguard Engineering, Inc. v. Anderson, 83 Conn. App. 62, 65 (2004). In the instant matter, while the claimant did not provide a brief, she did provide two documents which upon review seem to at least tangentially address her...