Velazquez v. Custom Recycling, 060515 CTAGO, 5921 CRB-3-14-3

Case DateJune 05, 2015
CourtConnecticut
RUBEN VELAZQUEZ CLAIMANT-APPELLANT
v.
CUSTOM RECYCLING EMPLOYER
and
LIBERTY MUTUAL INSURANCE INSURER RESPONDENTS-APPELLEES
No. 5921 CRB-3-14-3
Connecticut Workers Compensation
Compensation Review Board Workers’ Compensation Commission
June 5, 2015
         This Petition for Review[1] from the March 6, 2014 Finding and Dismissal of the Commissioner acting for the Third District was heard January 30, 2015 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Randy L. Cohen and Stephen M. Morelli.           The claimant was represented by Stuart A. Margolis, Esq., Berdon, Young & Margolis, PC           The respondents were represented by Christopher J. Powderly, Esq., Law Offices of Meehan, Turret & Rosenbaum.           OPINION           JOHN A. MASTROPIETRO, CHAIRMAN.          The Supreme Court has delineated a clear test as to whether this Commission can award benefits for an injury. “To be entitled to workmen’s compensation, the claimant had the burden of proving that his injuries were sustained in the course of his employment and that they arose out of that employment.” Hills v. Servicemaster of Connecticut River Valley, Inc., 155 Conn. 214, 216 (1967). The claimant in this matter argues that the injury he received to his left middle finger at his workplace arose out of his employment. The trial commissioner was not persuaded by the claimant’s evidence and she dismissed his claim for benefits. The claimant has appealed this dismissal, but after considering his arguments on appeal, we conclude the decision herein was a factual determination and the trial commissioner has a sufficient evidentiary basis to support her decision. We affirm the Finding and Dismissal.          The trial commissioner reached the following factual findings in this case. The claimant, Ruben Velazquez, alleged he suffered a work related injury to the middle finger of his left, non-master hand on April 6, 2011, while working for the respondent-employer Custom Recycling. He sad the injury he sustained to the middle finger of his left, non-master hand on April 6, 2011 occurred while he was working. The respondents filed a timely Form 43 disclaiming responsibility for the injury as they alleged it did not arise from or occur in the course of the claimant’s employment. The commissioner noted the testimony of the claimant’s former co-worker, Isaiah Torres, as to the operation of the saw where the claimant was injured. Evidence as to the level of the claimant’s impairment from his injury was submitted by the claimant’s treater, Dr. Michael Matthew, plastic surgeon and hand specialist from Yale School of Medicine.          The claimant, who according to his counsel has a limited command of the English language, chose to testify without an interpreter. He testified that his job with the respondent was to build pallets. When he did not have pallets to build he said he was sent to other machines to do other tasks. He further testified he was injured when he lacerated his left middle finger while using a table saw to cut a piece of wood on a 45-degree angle. He testified that he did this because his brother-in-law, Carlos Rodriguez, “...called by me to cut that piece to fix the table.” Findings, ¶ 11. He testified that his brother-in-law needed this wood cut for a workbench and testified he had used the table saw that caused his injury previously. The claimant agreed, when asked, however, that he had never used the specific saw to cut a piece of wood in the same way he was using it the day he was hurt. He also admitted he had not asked his supervisor, Aneudi Peres, for permission to use the saw. He confirmed that his brother-in-law was not his boss, and said the reason he was asked to cut this wood was his brother-in-law “called me to do that cut for him because he can’t use the machine.” Findings, ¶ 18. On the day of his injury, the claimant testified he was building pallets but he had stopped that job some time before his injury to do other work. He said he had been pulled off to do some other work before his brother-in-law sought his assistance in fixing the workbench.          The respondents presented two written statements with the claimant’s signature as evidence. They were authenticated by Donald Ardito, Sales Manager and Assisting Operations Manager. He testified that he and Karen Fitzgerald, a secretary, met with the claimant when both of these documents were signed. Respondents’...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT