Dengler v. Special Attention Health Services, Inc.

774 A.2d 992, 62 Conn. App. 440, 2001 Conn. App. LEXIS 123
CourtConnecticut Appellate Court
DecidedMarch 27, 2001
DocketAC 19777
StatusPublished
Cited by22 cases

This text of 774 A.2d 992 (Dengler v. Special Attention Health Services, Inc.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dengler v. Special Attention Health Services, Inc., 774 A.2d 992, 62 Conn. App. 440, 2001 Conn. App. LEXIS 123 (Colo. Ct. App. 2001).

Opinion

Opinion

FOTI, J.

The plaintiff, Mary Dengler, appeals from the decision of the workers’ compensation review board (board) affirming in part and reversing in part the decision by the workers’ compensation commissioner (commissioner) dated February 18, 1998. The defendant Connecticut Hospital Association Workers’ Compensation Trust (trust) cross appeals from the same decision.1 The plaintiff claims that the board improperly (1) required her to prove through expert medical evidence that a leg injury she suffered in 1997 was causally related to a back injury she suffered in 1996, and retried the facts and substituted its own inferences from them in place of those drawn by the commissioner, (2) reversed the commissioner’s finding that she was disabled through the date of the commissioner’s finding and award, and (3) failed to remand the matter to the commissioner for further proceedings rather than reversing his decision. On cross appeal, the trust claims that the board improperly declined to find that the trust had canceled its insurance policy with the plaintiff’s employer, the defendant Special Attention Health Services, Inc. (Special Attention), and concluded that the trust had provided workers’ compensation insurance to Special Attention on August 19, 1996, the date when [443]*443the plaintiff injured her back. We affirm the decision of the board.

The following facts and procedural history are necessary for our resolution of this appeal and cross appeal. The commissioner found that on August 19, 1996, Special Attention employed the plaintiff as a certified nurse’s assistant. While performing work-related duties at a patient’s home, the plaintiff injured her lumbar spine. Special Attention directed the plaintiff to seek treatment from authorized medical providers. The plaintiff, after receiving treatment from several physicians and obtaining physical therapy, was diagnosed with degenerative disc disease, a lumbar strain and spondylosis. The commissioner found that the plaintiff suffered from a work-related total disability from August 19, 1996, through February 16, 1997.

On February 16, 1997, almost six months after her back injury, the plaintiff “experienced some instability in her lumbar spine, which caused her to drop to her knees in her kitchen.” The commissioner also found that on the same day, the instability in her lumbar spine caused her to fall while descending a stairway at her home. As a result of that fall, the plaintiff sustained a fractured tibia and fibula in her right leg. The commissioner found that “[t]he instability the [plaintiff] experienced on February 16, 1997, was causally related to the back injury she sustained on August 19, 1996.” The commissioner found that the plaintiff had suffered a total disability from August 19, 1996, to February 18, 1998, the date he issued his finding and award. The commissioner found, as well, that the trust had provided workers’ compensation insurance to Special Attention on August 19, 1996. Finding that the plaintiffs claimed injuries were causally related to the injury she suffered on August 19, 1996, and the trust was responsible for any benefits owed to the plaintiff as a result of the August 19, 1996 injury, the commissioner ordered the [444]*444trust to pay temporary total disability benefits and all medical bills from authorized medical providers accrued from August 19, 1996, until the date of his finding and award.

The trust timely filed a motion to correct the commissioner’s finding and award. The trust proposed, inter alia, that the commissioner’s finding should reflect the fact that the plaintiff injured her leg while running down stairs at her home in response to a dogfight in her backyard. The trust also wanted the commissioner’s finding to include the fact that hospital treatment notes indicated that the plaintiff was chasing dogs in her backyard when she fell into a hole and injured her leg. The trust requested that the commissioner delete his finding that the plaintiffs August 19,1996 injury caused the February 16,1997 injury. Finally, the trust requested that the commissioner add a finding that the trust legally canceled Special Attention’s compensation insurance policy and that he dismiss the claim. The commissioner denied the trust’s motion to correct, and the trust appealed to the board.

The board determined that Special Attention’s policy with the trust remained in effect on August 16, 1996, the date that the trust advised Special Attention in writing that the policy would be canceled because of nonpayment of premiums. The board also concluded that the commissioner improperly found that the plaintiffs back injury caused her leg injury. The board reasoned that the commissioner could not find a causal relationship between those events based solely on the statements of the plaintiff and an eyewitness, and that given the absence of medical evidence in the record as to causal relationship, the plaintiff had failed to prove that her leg injury was attributable to her back injury. The board, therefore, reversed the commissioner’s findings that the plaintiffs back injury caused her leg injury, and that she had suffered a total disability through [445]*445the date of the commissioner’s finding and award. The plaintiff then appealed and the trust cross appealed to this court. Additional facts will be set forth as they become relevant in the context of the claims before us.

“The principles that govern our standard of review in workers’ compensation appeals are well established. The conclusions drawn by [the commissioner] from the facts found must stand unless they result from an incorrect application of the law to the subordinate facts or from an inference illegally or unreasonably drawn from them. . . . Neither the review board nor this court has the power to retry facts. ... It is well established that [although not dispositive, we accord great weight to the construction given to the workers’ compensation statutes by the commissioner and review board.” (Citations omitted; internal quotation marks omitted.) Schiano v. Bliss Exterminating Co., 57 Conn. App. 406, 411, 750 A.2d 1098 (2000).

I

The plaintiffs first claim is that the board improperly reversed the commissioner’s decision that her August 19, 1996 work-related back injury caused her leg injuiy. We will discuss the plaintiffs arguments on that claim separately. Essentially, the plaintiff claims that the board improperly required her to prove through expert medical evidence that her leg injuries were causally connected to her back injuiy. The plaintiff also claims that the board improperly retried the facts of the case and substituted its inferences from them for those drawn by the commissioner. We disagree with both claims.

A

The commissioner found that the plaintiffs August 19, 1996 work-related injury caused her leg injury. The plaintiff testified that earlier on the date of her leg [446]*446injury, February 16,1997, she felt instability in her lumbar spine that caused her to drop to her knees in her kitchen. She also testified that as she was going down stairs later that day, that same feeling of instability in her lumbar spine caused her to collapse and consequently fracture her tibia and fibula. Thomas Iaquessa, the plaintiffs brother and the sole witness to her fall, testified on her behalf and corroborated her version of how she injured her leg.

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Bluebook (online)
774 A.2d 992, 62 Conn. App. 440, 2001 Conn. App. LEXIS 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dengler-v-special-attention-health-services-inc-connappct-2001.