5397 CRB-8-08-11 (2009). GHAZAL v. CUMBERLAND FARMS.

CourtConnecticut
Connecticut Workers Compensation 2009. 5397 CRB-8-08-11 (2009). GHAZAL v. CUMBERLAND FARMS CASE NO. 5397 CRB-8-08-11COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION NOVEMBER 17, 2009MUAYAD GHAZAL CLAIMANT-APPELLEE v. CUMBERLAND FARMS EMPLOYER and GALLAGHER BASSETT INSURER RESPONDENTS-APPELLANTSAPPEARANCES: The claimant was represented by Seymour Rothenberg, Esq., Rothenberg & Cianciola, LLC, 239 Silas Deane Highway, P.O. Box 290767, Wethersfield, CT 06109. The respondents were represented by Michael J. Finn, Esq., Montstream & May, LLP, 655 Winding Brook Drive, P.O. Box 1087, Glastonbury, CT 06033-6087. This Petition for Review from the October 29, 2008 Finding and Award of the Commissioner acting for the Eighth District was heard May 29, 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 respondents in this matter have appealed from an October 29, 2008 Finding and Award. The respondents challenge the trial commissioner's findings that they engaged in undue delay in this case, and challenge the trial commissioner's decision to authorize medical treatment for the claimant in his home nation of Jordan. They also argue that the commissioner's finding that the claimant had "permanent total disability" was insufficiently supported by the subordinate facts. We find the respondents' arguments meritorious. We herein reverse the trial commissioner on the issue of sanctions for undue delay. On the issue of medical treatment in Jordan and permanent total disability, this matter is remanded to the trial commissioner for further proceedings.At oral argument before this panel, counsel for the claimant said this was a simple case. We disagree. The record indicates this has been a lengthy matter that has eluded resolution despite the best efforts of this Commission to properly compensate the claimant for his work-related injuries. There is no dispute that the claimant suffered a compensable back injury and associated psychological trauma while employed on August 7, 2000 by the respondent, Cumberland Farms, Inc. In a Finding and Award dated May 14, 2007 Commissioner Stephen B. Delaney discussed in detail the chronology of the claimant's treatment following his injury. The trial commissioner approved the recommendation of Dr. Gerald Becker that back surgery for the claimant was reasonable and necessary medical treatment. Prior to the issuance of this Finding and Award the claimant voluntarily traveled to Jordan at the advice of his treating psychiatrist, Dr. Richard Lautenbach. The claimant did not undergo the approved surgery. A formal hearing was held before this commission on January 15, 2008 on the issue of the claimant's failure to undergo medical treatment and whether he should remain on temporary total disability benefits while he was in Jordan. The hearing was continued until July 11, 2008 and the record closed September 8, 2008. The claimant's psychiatrist in Jordan, Dr. Falah Al Tamini, wrote to Dr. Lautenbach in August 2007 that the claimant was depressed and suffering flashbacks from the 2000 injury. The claimant was incarcerated for a period in Jordan for failing to pay his Jordanian psychiatrist bills. In March 2008 the claimant returned to the United States for a medical examination performed by Dr. Kenneth Selig, an examiner retained by the respondents regarding his psychiatric condition. On June 2, 2008 the respondents filed a Form 36 to discontinue benefits to the claimant arguing that they had not received medical reports supporting the claim for...

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