JONAS BERNARD CLAIMANT-APPELLANT
v.
SHOPRITE SUPERMARKET EMPLOYER
and
AMGUARD INSURANCE COMPANY INSURER RESPONDENTS-APPELLEES APPEARANCES:
No. 6328 CRB-4-19-5
Connecticut Workers Compensation
Compensation Review Board Workers Compensation Commission
October 15, 2020
This
Petition for Review from the April 9, 2019 Finding and
Dismissal by Jodi Murray Gregg, the Commissioner acting for
the Fourth District, was heard July 24, 2020 before a
Compensation Review Board panel consisting of Commission
Chairman Stephen M. Morelli and Commissioners William J.
Watson III and Maureen E. Driscoll.[2]
The
claimant was represented by Maria R. Altieri, Esq., Attorney
at Law,[1] Attorney Altieri waived oral
argument and the matter was considered on the papers.
The
respondents were represented by Jason T. LaMark, Esq., Mullen
& McGourty, P.C., Attorney LaMark waived oral argument
and the matter was considered on the papers.
OPINION
STEPHEN M. MORELLI, CHAIRMAN.
The
claimant has appealed from the April 9, 2019 Finding and
Dismissal (finding) reached by Commissioner Jodi Murray Gregg
(commissioner). The claimant alleged that he was injured in a
workplace altercation on July 29, 2017, and he argues that
the commissioner erred by not crediting his treater's
opinion as to the causation of his head and neck injuries.
The respondents argue that after considering the testimony of
a co-worker and a review of video surveillance, the
commissioner simply concluded that the claimant was not a
credible witness and therefore, could fully discount his
claim that the incident in question caused his injuries.
Having reviewed the briefs and the record, we determine that
this was a question of fact, and sufficient evidence is
present in the record to uphold the commissioner's
conclusions that this claimant was not credible and that the
claim should be dismissed. Pursuant to the precedent in Fair
v. People's Savings Bank, 207 Conn. 535, 539 (1988), we
find no error. We affirm the finding.
The
commissioner reached the following factual determinations in
the finding. The claimant worked for about seven years for
the respondent as an assistant produce manager when on July
29, 2017, he claimed he was injured in a workplace
altercation. He told the commissioner that a dispute occurred
between him and a co-worker named Antoine Love, who would not
help move a pallet of goods. The claimant testified that Love
"opened the door and pushed him in his chest with both
hands and that he fell backwards and he hit the floor."
Findings, ¶ 4. The claimant asserted that he suffered
compensable injuries to his head and neck as a result of this
incident. In response to the claimant's allegations, two
additional lay witnesses testified at the trial. The first
witness, co-worker Taman Matar, testified that she observed
Love pushing the claimant down. However, Matar reported that
the claimant's head landed on top of empty cardboard
boxes and not on the floor. The second witness was Frank
Amici, respondent's human resources director. Amici
investigated the claim and...