5443 CRB-7-09-3 (2010). Baker v. Hug Excavating, Inc.

• Court: Connecticut

Connecticut Workers Compensation 2010. 5443 CRB-7-09-3 (2010). Baker v. Hug Excavating, Inc CASE NO. 5443 CRB-7-09-3COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSIONMARCH 5, 2010DEAN BAKER CLAIMANT-APPELLANT v. HUG EXCAVATING, INC. EMPLOYER and AIG CLAIM SERVICES INSURER RESPONDENTS-APPELLEES APPEARANCES: The claimant was represented by B.T. Canty, Esq., Law Office of B.T. Canty, P.C., 197 East Avenue, Norwalk, CT 06855. The respondents were represented by Colin J. Hoddinott, Esq., Law Offices of Jack V. Genovese, II, 200 Glastonbury Boulevard, Glastonbury, CT 06033. This Petition for Review from the March 2, 2009 Finding and Dismissal of the Commissioner acting for the Seventh District was heard August 28, 2009 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Peter C. Mlynarczyk and Stephen B. Delaney. OPINIONJOHN A. MASTROPIETRO, CHAIRMAN. The claimant in this matter appeals from the dismissal of his claim that he suffered a compensable injury while employed by the respondent. The trial commissioner in this matter did not find the claimant a credible witness, and indeed, did not find the respondent's witnesses credible. We find that pursuant to the precedent in Toroveci v. Globe Tool and Metal Stamping Co., Inc. 5253 CRB-6-07-7 (July 22, 2008), when neither party before the tribunal is credible the claim must be dismissed. Therefore, we affirm the Finding and Dismissal and dismiss this appeal. The trial commissioner reached the following findings in his Finding and Dismissal of March 2, 2009. He found the claimant testified to having been employed by the respondent as a truck driver for approximately three years. The claimant testified he was paid $1,000 for a five day week and $300 to work on Saturday. The respondent testified he was paid $200 for Saturday work. The claimant testified that he had been injured at some unspecified date in early May 2007 while working. He said he was in Ridgefield and was climbing into his truck when a strap holding the top step to the truck broke. This left him hanging onto the steering wheel with his right hand and ending up backward to the truck without completely hitting the ground. The claimant testified that following this incident he tied the step to the truck with yellow rope and took the truck and a trailer to the Tokeneke Club in Darien, where he continued work on an adjoining piece of property to the beach club. The claimant said he did not report the incident immediately, but did inform the respondent the next day of the broken strap. The claimant initially believed he had only suffered a pulled leg muscle. Following this incident the claimant obtained a prescription on May 16, 2007 for Voltarin for the leg muscle pain from his doctor, Michael Cavaliere of Bridgeport. Dr. Cavaliere wrote on July 10, 2008 the claimant received the medication on May 16, 2007 to deal with leg pain resulting from falling out of a truck. The claimant continued to work after this incident until August 6 or 7 when he was unable to sit in the excavator any more. At that point the claimant left work, although the respondents paid him through the end of the week. He was referred at that point to Dr. Wilchinsky by Dr. Cavaliere...