April 16, 2018.
from the decision of the Workers' Compensation
Commissioner for the Sixth District dismissing the
plaintiff's claim that she was entitled to temporary
total disability benefits without a social security offset,
brought to the Compensation Review Board, which affirmed the
commissioner's decision, and the plaintiff appealed to
this court. Affirmed.
Barbara Dahle, self-represented, the appellant (plaintiff).
M. Carlozzi, for the appellee (named defendant).
Francis C. Vignati, Jr., assistant attorney general, with
whom, on the brief, were George Jepsen, attorney general, and
Philip M. Schulz, assistant attorney general, for the
appellee (defendant Second Injury Fund).
DiPentima, C. J., and Sheldon and Harper, Js.
plaintiff, Barbara Dahle, appeals from the decision of the
Compensation Review Board (board), which affirmed the
decision of the Workers' Compensation Commissioner for
the Sixth District dismissing the plaintiff's claim that
she was entitled to temporary total disability benefits
without a social security offset. On appeal, the plaintiff
claims that the board erred by: (1) not
addressing past incorrect evidence, not finding her new
evidence credible, and not addressing a statement from
Commissioner Stephen B. Delaney about delayed medical care;
and (2) denying her request for financial compensation
without a social security offset pursuant to General Statutes
(Rev. to 2003) § 31-307 (e). We disagree and,
accordingly, affirm the decision of the board.
following facts and procedural history are relevant to our
resolution of this appeal. On August 8, 2003, the plaintiff
suffered a compensable injury to her right shoulder and left
hip after she fell during and in the course of her employment
with the defendant The Stop & Shop Supermarket Company,
Following treatment, Scott Organ, a physician, issued a 5
percent permanent partial disability rating as to the
plaintiff's right upper extremity by report dated March
17, 2006. By voluntary agreement of the parties, dated
September 5, 2006, the plaintiff was paid a 5 percent
permanent partial disability of the right shoulder with a
maximum medical improvement date of September 5, 2006. No
permanency rating was ever issued as to the plaintiff's
formal hearing took place before Commissioner Ernie R. Walker
on June 3, 2008. The issues addressed at the hearing included
the plaintiff's claim for wage differential benefits
pursuant to General Statutes § 31-308a and her claim for
additional medical treatment pursuant to General Statutes
(Rev. to 2003) § 31-294d.On June 4, 2008, Commissioner
Walker issued a decision (2008 commissioner's decision)
in which he granted the plaintiff's request for §
31-308a benefits but denied her request for additional
medical treatment pursuant to § 31-294d. Regarding the
denial of additional medical treatment, the commissioner
noted that he found credible the testimony of the
plaintiff's treating physician, Organ, who testified at
the hearing that it was his opinion that additional treatment
would be palliative and not curative.
18, 2008, the plaintiff filed a motion to correct the 2008
commissioner's decision, which was denied on June 19,
2008. On June 27, 2008, the plaintiff filed a petition for
review of the 2008 commissioner's decision denying her
request for additional medical treatment.
petition for review was heard before the board on December
12, 2008. On June 5, 2009, the board affirmed the 2008
commissioner's decision, finding no error. Specifically,
the board concluded, inter alia, that ‘‘the
medical opinions in the . . . record provide ample support
for the determination by the . . . commissioner that a pain
management regimen would be palliative rather than curative
and, thus, would not constitute reasonable or necessary
treatment.'' The plaintiff did not appeal the June 5,
2009 decision of the board (2009 board
April 18, 2011, the plaintiff requested approval from the
Workers' Compensation Commission (commission) for surgery
on her right shoulder. The request initially was denied. The
plaintiff then underwent surgery on her right shoulder on
September 17, 2014, for which she received total incapacity
benefits pursuant to § 31-307, ...