5413 CRB-4-08-12 (2009). Damon v. VNS of CT/Masonicare.

CourtConnecticut
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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