Connors v. American Frozen Foods, Inc., 040320 CTWC, 6326 CRB-4-19-5

Case DateApril 03, 2020
CourtConnecticut
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. ...

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