Bernard v. Shoprite Supermarket, 101520 CTWC, 6328 CRB-4-19-5

Case DateOctober 15, 2020
CourtConnecticut
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...

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