5397 CRB-8-08-11 (2009). GHAZAL v. CUMBERLAND FARMS.
Court | Connecticut |
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...
To continue reading
Request your trial