5401 CRB-1-08-11 (2009). CAMP v. STATE OF CONNECTICUT CAPITAL COMMUNITY TECHNICAL COLLEGE.
Court | Connecticut |
Connecticut Workers Compensation
2009.
5401 CRB-1-08-11 (2009).
CAMP v. STATE OF CONNECTICUT CAPITAL COMMUNITY TECHNICAL COLLEGE
CASE NO. 5401 CRB-1-08-11COMPENSATION REVIEW BOARD
WORKERS'
COMPENSATION COMMISSION NOVEMBER 17, 2009DARRYL CAMP CLAIMANT-APPELLEE v. STATE OF CONNECTICUT CAPITAL
COMMUNITY TECHNICAL COLLEGE EMPLOYER SELF-INSURED RESPONDENT-APPELLANT and GAB
ROBINS OF NORTH AMERICA ADMINISTRATORAPPEARANCES: The claimant was represented by Jan P. van der
Werff, Esq., Law Offices of Jan P. van der Werff, One Barnard Lane, Bloomfield,
CT 06002. The respondent was represented by Lawrence G. Widem, Esq., Assistant
Attorney General, 55 Elm Street, P.O. Box 120, Hartford, CT 06141-0120. This
Petition for Review from the November 7, 2008 Finding and Award of the
Commissioner acting for the First District was heard May 29, 2009 before a
Compensation Review Board panel consisting of the Commission Chairman John A.
Mastropietro and Commissioners Randy L. Cohen and Stephen B. Delaney.OPINION JOHN A. MASTROPIETRO, CHAIRMAN. The respondent in this
matter has appealed from a Finding and Award granting the claimant temporary
total disability benefits. The respondent argues that the trial commissioner
should not have awarded such benefits to the claimant, asserting the facts
presented in evidence did not support this relief. On appeal, we find the
claimant did proffer medical evidence that he was totally disabled. When
considered in conjunction with the claimant's inability to perform his prior
job, we find a sufficient basis existed for the trial commissioner to award
benefits under § 31-307 C.G.S. We affirm the Finding and Award and dismiss
this appeal.The trial commissioner reached the following findings of fact at
the conclusion of the formal hearing. The commissioner found the claimant has
been employed for approximately 20 years at Capital Community College as a
Buildings and Grounds Patrol Officer, and had been a Lead Patrol Officer for
the past ten years. On June 27, 2007 the claimant fell down on a ramp in the
parking garage, injuring his back and head. He was taken by ambulance to St.
Francis Hospital emergency room. Following the fall the claimant suffered from
lower right back pain, pain in his right leg, a lump on the back of his head,
neck pain and lower left hand pain. After treating at the emergency room the
claimant began treating with Dr. Richard Harrison-Atlas, who temporarily
totally disabled the claimant and prescribed pain medications and physical
therapy.
On July 17, 2007 an MRI was performed on the claimant at Dr.
Harrison-Atlas's direction. The test indicated a disc bulge at L5-S1 with the
potential to impinge on the right-sided exiting L5 nerve root. Subsequent to
the MRI, the claimant continued to experience "sharp pain to my lower right
side of my back that would shoot pains down to my right leg, about down to the
knee." The claimant testified to suffering similar pain "in the exact same
area" he had been experiencing following the accident, stating such pain "seems
to be everyday for me."
Dr. Harrison-Atlas referred the claimant to a neurosurgeon, Dr.
Stephan...
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