5369 CRB-8-08-8 (2009). Drown v. Rochette Quality Home Improvement, LLC.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5369 CRB-8-08-8 (2009). Drown v. Rochette Quality Home Improvement, LLC CASE NO. 5369 CRB-8-08-8COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION JUNE 29, 2009ZACKRY S. DROWN CLAIMANT-APPELLANT v. ROCHETTE QUALITY HOME IMPROVEMENT, LLC EMPLOYER NO RECORD OF INSURANCE RESPONDENT-APPELLEE and SECOND INJURY FUND RESPONDENT-APPELLEEAPPEARANCES: The claimant appeared pro se. The respondent-employer was represented by Christopher M. Russo, Esq., Gordon, Muir & Foley, 10 Columbus Boulevard, Hartford, CT 06106. The respondent Second Injury Fund was represented by Philip Schulz, Esq., Assistant Attorney General, Office of the Attorney General, 55 Elm Street, P.O. Box 120, Hartford, CT 06141-0120. This Petition for Review from the July 29, 2008 Finding and Dismissal of the Commissioner acting for the Eighth District was heard March 27, 2009 before a Compensation Review Board consisting of the Commission Chairman John A. Mastropietro and Commissioners Peter C. Mlynarczyk and Randy L. Cohen.OPINIONJOHN A. MASTROPIETRO, CHAIRMAN.The claimant herein appeals from a Finding and Dismissal of his claim. He claims that when he fell off a roof at a construction site on August 5, 2007 that he was working as an employee of the respondent, Rochette Quality Home Improvement. The trial commissioner concluded that the claimant was not in the course of his employment when he was injured. The gravamen of the claimant's appeal is that the trial commissioner should have deemed his testimony and documentation sufficient to justify an award. We conclude this decision was reserved to the trier of fact; therefore we affirm the trial commissioner and dismiss this appeal.The following facts are pertinent to our consideration. The claimant testified that he was hired by his stepbrother, Steven Rochette, (who operated Rochette Quality Home Improvement) to help renovate a barn in Glastonbury owned by Jennifer Bussa and her husband. The claimant testified he was paid $15 per hour in cash and was paid between $2,500 and $3,500 over a four month period. He did not keep formal records of his time nor did he fill out any tax forms. The claimant and his co-workers, Lucas Dove and Al Kamm, testified that the respondent provided the tools for the job and supervised their activities. The claimant testified that he...