GLADYS REVERON CLAIMANT-APPELLANT
v.
COMPASS GROUP EMPLOYER
and
NEW HAMPSHIRE INSURANCE COMPANY GALLAGHER BASSETT SERVICES, INCORPORATED INSURER RESPONDENTS-APPELLEES
No. 6358 CRB-5-19-11
Connecticut Workers Compensation
Compensation Review Board Workers Compensation Commission
September 16, 2020
This
Petition for Review from the October 25, 2019 Finding and
Decision by Carolyn M. Colangelo, the Commissioner acting for
the Fifth District, was heard May 22, 2020 before a
Compensation Review Board panel consisting of Commissioners
Randy L. Cohen, William J. Watson III and Maureen E.
Driscoll.
The
claimant was represented by John T. Bochanis, Esq., Daly,
Weihing & Bochanis
The
respondents were represented by Jane M. Carlozzi, Esq., Nuzzo
& Roberts, L.L.C.
OPINION
RANDY
L. COHEN, COMMISSIONER.
The
claimant has appealed from the October 25, 2019 Finding and
Decision (finding) issued by Commissioner Carolyn M.
Colangelo (commissioner) which dismissed the claim that the
claimant submitted for a March 7, 2017 fall down incident.
The claimant alleged that she injured her back when she fell
down on this date. The commissioner determined that the
claimant's testimony as to that incident was not credible
or persuasive. She also found the opinion of the
respondents' medical examiner credible and persuasive.
The examiner opined that the incident was not a factor in the
claimant's current medical condition. The claimant has
appealed, arguing that the commissioner failed to properly
credit the evidence on the record supportive of a finding of
compensability and should not have credited the testimony of
the respondents' medical examiner. The respondents argue
that the claimant is essentially contesting matters entrusted
to the commissioner's discretion. The respondents contend
that there was sufficient probative evidence in the record to
support the result reached in this case. We agree with the
respondents and we affirm the finding.
The
commissioner reached the following findings of fact at the
conclusion of the formal hearing. She noted that the claimant
testified that she began to work for the respondent in August
2016. On March 7, 2017, the claimant "slipped on an icy
ramp, and timely reported her fall to the grounds keeper for
the respondent." Findings, ¶ 3. That individual,
Mark William Francisco, testified that the claimant had told
him that morning she fell. See Claimant's Exhibit A. The
claimant was offered but declined medical treatment
immediately after the incident. She testified that while she
felt sore after the incident, she decided to wait to see if
the pain in her back would go away.
On
March 7, 2017, the day of the fall, the claimant had a
follow-up appointment at Concentra, where she had been
treating for a prior work-related left knee injury. See
Findings, ¶ 6. At this visit, the claimant mentioned
that "her knee pain had resolved. She did not mention
the fall earlier in the day, nor did she mention any back
pain." Findings, ¶ 7. About two or three weeks
after the incident the claimant sought authorization to treat
for a back injury but did not receive authorization to treat
until September. She filed a form 30C seeking benefits for
this injury in April 2017, which was received by the
commission on May 4, 2017.
The
claimant continued to treat for prior injuries in 2017, and
on May 11 of that year she was examined by her neurosurgeon
Gary Zimmerman, M.D., for follow up to a cervical fusion and
discectomy.
Zimmerman's
note states, "Gladys is back to work light duty. She is
having severe neck pain. Pain is exacerbated with work."
Findings, ¶ 10 citing Respondents' Exhibit 7. The
May 11, 2017, note contains no mention of back pain and no
reference to the March 7, 2017 fall. The claimant testified
that she previously had a lumbar fusion in 1995. She also
testified that she had not experienced back pain while
working for the respondent until the March 2017...
