5448 CRB-5-09-3 (2010). Marino v. Cenveo/Craftman Litho, Inc.

• Court: Connecticut

Connecticut Workers Compensation 2010. 5448 CRB-5-09-3 (2010). Marino v. Cenveo/Craftman Litho, Inc CASE NO. 5448 CRB-5-09-3COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSIONMARCH 16, 2010GARY MARINO CLAIMANT-APPELLANT v. CENVEO/CRAFTMAN LITHO, INC. EMPLOYER and SPECIALTY RISK SERVICES INSURER RESPONDENTS-APPELLEES and SENTRY INSURANCE INSURER RESPONDENTS-APPELLEES APPEARANCES: The claimant appeared pro se. The respondents Cenveo/Crafting Litho, Inc. and Specialty Risk Services were represented by Margaret Crawford, Esq., Montstream and May, LLP, 655 Winding Brook Drive, P.O. Box 1087, Glastonbury, CT 06033-6087. The respondents Cenveo/Crafting Litho, Inc. and Sentry Insurance were represented by Laurie Moran, Esq., Maher and Williams, 268 Post Road, P.O. Box 550, Fairfield, CT 06824. This Petition for Review from the March 9, 2009 Finding and Award/Dismissal of the Commissioner acting for the Fifth 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. This appeal is brought by the claimant, who was denied temporary partial disability benefits following a compensable injury. The trial commissioner determined that the claimant failed to prove that his loss of earnings was due to a work-related injury, and not due to a layoff prompted by general economic conditions. We find that the claimant had the burden of proof on this point, and the trial commissioner's decision was supported by evidence which he found probative. Since an appellate panel cannot revisit such factual determinations we affirm the Finding and Award/Dismissal and dismiss this appeal. The following facts were pertinent to the trial commissioner's decision, dated March 9, 2009. The claimant had suffered a compensable work related bilateral carpal tunnel (hands) condition while working for the respondent Cenveo on January 28, 2005. Voluntary agreements were reached that set a permanent partial disability rating of 5% for each hand. The claimant subsequently asserted a right cubital tunnel (elbow) claim as a result of the compensable injury. The claimant had worked in the printing business for about 35 years at the time of his 2005 injury. Following the injury he underwent...