5440 CRB-5-09-3 (2010). Ciaglia v. ITW Anchor Stampings.

• Court: Connecticut

Connecticut Workers Compensation 2010. 5440 CRB-5-09-3 (2010). Ciaglia v. ITW Anchor Stampings CASE NO. 5440 CRB-5-09-3COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSIONMARCH 2, 2010DEMETRIO CIAGLIA CLAIMANT-APPELLEE v. ITW ANCHOR STAMPINGS EMPLOYER and GALLAGHER BASSETT SERVICES INSURER RESPONDENTS-APPELLANTSAPPEARANCES: The claimant was represented by Edward T. Dodd, Esq., The Dodd Law Firm, LLC, Ten Corporate Center, 1781 Highland Avenue, Suite 105, Cheshire, CT 06410. The respondents were represented by Kevin M. Blake, Esq., Winnick, Vine, Welch and Teodosio, LLC, 375 Bridgeport Avenue, P.O. Drawer 668, Shelton, CT 06484. This Petition for Review from the February 19, 2009 Finding and Award of the Commissioner acting for the Fifth District was heard September 25, 2009 before Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Ernie R. Walker and Christine L. Engel.OPINIONJOHN A. MASTROPIETRO, CHAIRMAN. The respondents in this matter appeal from the award of temporary total disability benefits to the claimant and the denial of four Forms 36 filed with the Commission. On appeal, we conclude the trial commissioner's decision in this matter was supported by a substantial quantum of probative evidence and cannot be disturbed by an appellate panel. We affirm the Finding and Award and dismiss this appeal. The trial commissioner found the following facts at the conclusion of the formal hearing. The claimant was born in Italy in 1948 and came to this country in 1971. He had not attended high school. He has been steadily employed as a machinist since arriving in the United States. The claimant incurred a compensable injury to his left non-master shoulder on November 18, 2002. After a series of surgeries and other medical interventions the claimant was able to return to work. The claimant sustained a second compensable injury involving the right shoulder on October 4, 2004. He continued to work until he was operated on by Dr. Michael Kaplan in October 2005. The claimant underwent a second right shoulder surgery with Dr. Kaplan on March 28, 2006. On April 6, 2006 Dr. Kaplan authored a medical report on the claimant's condition. He noted the claimant has significant limitations in motion, strength and pain with regard to the right arm/shoulder. As a result of...