5377 CRB-1-08-9 (2009). Seiler v. Ranco Collision, LLC.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5377 CRB-1-08-9 (2009). Seiler v. Ranco Collision, LLC CASE NO. 5377 CRB-1-08-9COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION AUGUST 27, 2009JONATHAN SEILER CLAIMANT-APPELLANT v. RANCO COLLISION, LLC EMPLOYER and HARLEYSVILLE INSURANCE CO. INSURER RESPONDENTS-APPELLEESAPPEARANCES: The claimant was represented by Enrico Vaccaro, Esq., Law Offices of Enrico Vaccaro, 1057 Broad Street, Bridgeport, CT 06604. The respondents were represented by Andrew J. Hern, Esq., Law Offices of Andrew J. Hern, 221 Main Street, 5th Floor, Hartford, CT 06106. This Petition for Review from the August 26, 2008 Finding Dismissal of the Commissioner acting for the First District was heard March 27, 2009 before a Compensation Review Board panel consisting of Commissioners Peter C. Mlynarczyk, Randy L. Cohen and Stephen B. Delaney.OPINION PETER C. MLYNARCZYK, COMMISSIONER. The claimant in this matter appeals the denial of his claim that his left ankle injury arose out of his employment with the respondent. We find this dispute is one that is based on issues of fact and not law. As we must respect the fact-finding prerogative of the trial commissioner, we affirm the Finding & Dismissal and dismiss this appeal.The trial commissioner reached the following factual conclusions. She found that on June 9, 2004 the claimant was employed by the respondent Ranco Collision, LLC and had worked there for a year and a half. The claimant had been an automobile body technician for 25 years as of the hearing. The claimant testified on the date in question that he stepped down 40 to 45 inches off a frame machine onto a metal fitting on an air hose, and subsequently twisted his ankle and fell to the floor. He said he suffered immediate pain and swelling, reported this injury to his supervisor, and sought treatment at Grove Hill Medical Center. The physician who examined the claimant at Grove Hill, Dr. Belniak, and the physician's assistant, Jason Andrus, made the following observations after examining the claimant. They noted the claimant had a long history of "chronic ankle sprains with ligament damage;" that the claimant denied additional injury as a result of the recent fall, and he had arrived at the office using a cane. Since x-rays did not disclose any new fracture of the foot, the claimant was released, prescribed medication and a cam walker boot; and directed to return for follow-up. The claimant was examined again at Grove Hill on June 22, 2004 at such time the claimant received a Depro-Medrol injection and was prescribed additional medication for pain and inflammation. The June 9, 2004 and June 22, 2004 Grove Hill reports do not reference a work-related injury. The claimant then began treating with Dr. William Lewis from Total Orthopaedic Care, LLC in Bridgeport, Connecticut. Dr. Lewis's June 25, 2004 report noted a June 9, 2004 work accident and suggested surgery was necessary. Dr. Lewis stated that the claimant had no history of past injuries to his left ankle. The claimant had surgery, including insertion of hardware, performed on June 30, 2004 at St. Vincent's Medical Center in Bridgeport. The hardware was removed on August 25, 2004. The claimant continued treating with Dr. Lewis, who stated he was totally disabled from work until January 11, 2005. The respondents had the claimant examined by Dr. Ross Benthien on July 19, 2005. Dr. Benthien originally determined that although the claimant suffered no permanent disability from the injury and could perform his prior job, that the mechanics of the injury were not inconsistent with the patient's narrative. At a September 11, 2007 deposition Dr. Benthien stated the claimant had not previously told him about prior issues with the left ankle. The witness also testified various medical records that were provided to him demonstrated a prior history of left ankle problems and this called into question the history provided by the claimant. The respondents provided medical records from Dr. George Swartz, an orthopaedic surgeon at Grove Hill Medical Center. Dr. Swartz documented that the claimant had suffered noncompensable left ankle injuries on or about September 28, 1998; October 20, 1998; January 18, 1999 and June 5, 2000. The injuries involved were thought to include a chip fracture of the lateral malleolus; a partial tear of the anterior talofibular ligament; and a sprain which led to inflammation of the posterior tibial tendon. Based on these subordinate facts the trial commissioner concluded that the claimant was employed with the respondent on June 9, 2004 when he treated at Grove Hill Medical Center. She found the medical records of Dr. Belniak and his assistant, Mr. Andrus of Grove Hill credible in that they documented the claimant suffered from a long history of chronic ankle sprains with ligament damage. The commissioner noted that the Grove Hill records did not document a new fracture or other significant abnormality and that the records did not document a work-related accident. The commissioner also...