5413 CRB-4-08-12 (2009). Damon v. VNS of CT/Masonicare.
Court | Connecticut |
Connecticut Workers Compensation
2009.
5413 CRB-4-08-12 (2009).
Damon v. VNS of CT/Masonicare
CASE NO. 5413 CRB-4-08-12COMPENSATION REVIEW BOARD
WORKERS' COMPENSATION COMMISSION DECEMBER 15, 2009ANN DAMON CLAIMANT-APPELLANT v. VNS OF CT/MASONICARE
EMPLOYER and GUARANTY FUND MANAGEMENT SERVICES INSURER
RESPONDENTS-APPELLEESAPPEARANCES: The claimant was represented by Mark S. Carron,
Esq., Carron and Fink, 1698A Post Road East, Peppermill Office Building,
Westport, CT 06880. The respondents were represented by Marie Gallo-Hall, Esq.,
Montstream and May, 655 Winding Brook Drive, Glastonbury, CT 06033-6087. This
Petition for Review from the December 5, 2008 Finding and Order of the
Commissioner acting for the Fourth District was heard October 23, 2009 before a
Compensation Review Board panel consisting of the Commission Chairman John A.
Mastropietro and Commissioners Peter C. Mlynarczyk and Randy L.
Cohen.OPINIONJOHN A. MASTROPIETRO, CHAIRMAN. The claimant in this
matter appeals from a Finding and Order approving a Form 36 terminating her
temporary total disability benefits. She asserts the trial commissioner erred
in his decision. In considering this appeal we must follow our precedent, in
which "[w]e have consistently held it is the claimant's burden to
establish total disability and entitlement to benefits under our
statute." Hernandez v. American Truck Rental,
5083 CRB-7-06-4 (April 19, 2007). Our review of the Finding and Order
demonstrates the claimant failed to sustain her burden of proof. Moreover, the
commissioner cited probative evidence, in particular a commissioner's
examination, which supported the finding of a work capacity. Therefore we
affirm the trial commissioner and dismiss this appeal.The trial commissioner reached the following findings of fact at
the conclusion of the formal hearing. The claimant did not file a Motion to
Correct. Therefore on appeal, we must accept the validity of the facts found by
the trial commissioner in this matter. Stevens v. Raymark
Industries, Inc., 5215 CRB-4-07-4 (March 26, 2008), appeal
dismissed, A.C. 29795 (June 26, 2008); Claros v. Keystone
Pipeline Services 5399 CRB-1-08-11 (October 28, 2009) and
Crochiere v. Board of Education, 227 Conn. 333, 347
(1993).
The claimant sustained compensable injuries to both shoulders on
March 31, 2000. A Voluntary Agreement was approved in this matter by the
Workers' Compensation Commission on July 13, 2001. The claimant is a
Registered Nurse with a Bachelor's Degree. She has performed both direct
care as well as administrative duties. She is able to drive a car and use a
computer. She testified she has good days and bad days and that she is unable
to work.
The claimant offered evidence from Susan Hage, D.O. Dr. Hage
reported on May 3, 2004 that "the claimant's prognosis was
fair," noting she could sit for about an hour, stand...
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