JOHN W. CONNORS CLAIMANT-APPELLANT
v.
AMERICAN FROZEN FOODS, INC. EMPLOYER
and
LIBERTY MUTUAL INSURANCE CO. INSURER RESPONDENTS-APPELLEES
No. 6326 CRB-4-19-5
Connecticut Workers Compensation
Compensation Review Board Workers Compensation Commission
April 3, 2020
This
Petition for Review from the May 10, 2019 Finding and
Dismissal by Jodi Murray Gregg, the Commissioner acting for
the Fourth District, was heard October 25, 2019 before a
Compensation Review Board panel consisting of Commission
Chairman Stephen M. Morelli and Commissioners Peter C.
Mlynarczyk and David W. Schoolcraft.[1]
The
claimant was represented by Steven D. Jacobs, Esq., Jacobs
& Jacobs, LLC
The
respondents were represented by Christopher J. Powderly,
Esq., Law Offices of Meehan, Roberts, Turret & Rosenbaum
OPINION
STEPHEN M. MORELLI, CHAIRMAN.
The
claimant has appealed from a Finding and Dismissal (finding)
reached by Commissioner Jodi Murray Gregg (commissioner) on
May 10, 2019. In the finding, the commissioner found that the
claimant was not entitled to temporary total disability
benefits for the period from July 21, 2016 to July 21,
2017.[2] The claimant has appealed arguing
that this decision was inconsistent with the evidence
presented at the hearing. The respondents argue that the
claimant had the burden of persuasion that he was entitled to
total disability benefits and the commissioner simply was not
persuaded by his evidence. Noting the deference that we must
afford a finder of fact we find the respondents’
position more persuasive, and therefore we affirm the
finding.
The
commissioner reached the following findings of fact at the
conclusion of the formal hearing which were relevant to the
determination of the temporary total disability issue. She
found the claimant sustained a compensable injury to his
lumbar spine on June 7, 2000 and Lawrence Kirschenbaum, M.D.,
was his treating physician. On June 23, 2016, Kirschenbaum
opined that the claimant had a full-time light-duty work
capacity with a 30-pound lifting restriction. On July 21,
2016, Kirschenbaum changed the claimant's work status to
temporarily and totally disabled.[3] At his deposition on
January 30, 2018, Kirschenbaum testified that he made the
decision to switch the claimant from full-time light-duty
work capacity with a 30-pound lifting restriction to
temporarily and totally disabled based upon the
claimant’s subjective complaints of pain. He further
testified that there were no objective findings on the MRI
that would explain an increase in the claimant’s pain
symptoms.
...