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Sprague v. Lindon Tree Service12/30/2003
The defendants, Lindon Tree Service, Inc. (Lindon), and its workers' compensation insurance carrier, One Beacon Insurance Company, appeal from the decision of the workers' compensation review board (board) affirming the decision of the workers' compensation commissioner (commissioner) that the plaintiff, Tyler Sprague, sustained compensable injuries that arose out of and in the course of his employment with Lindon. On appeal, the defendants claim that the board improperly affirmed the commissioner's finding that the plaintiff suffered a personal injury within the meaning of General Statutes ยง 31-275 (16) (A). We disagree and affirm the decision of the board.
The commissioner found the following pertinent facts. The plaintiff, a licensed forest practitioner, commenced employment with Lindon in January, 1999. Lindon clears trees around power lines for the Connecticut Light and Power Company and for various municipalities.
The plaintiff was hired as a "ground man" by Lindon to, among other things, gather brush to feed into a wood chipper and to stack lengths of wood. The plaintiff also operated a fifteen to twenty pound chain saw between forty and forty five hours per week as part of his duties. On September 8, 1999, the plaintiff worked with Lindon's owner, William Bibeault. They planned to cut eight trees that day. Rain fell steadily, causing the wood to be soaked with water and to be heavier than normal. After cutting down the trees, the plaintiff chipped brush and partially cut tree trunks with a chain saw to make the wood light enough to drag. Toward the end of the day, the plaintiff's back began to hurt. He assumed that he had pulled a muscle and did not report the pain to Bibeault.
That evening, the plaintiff rested at home, as his back pain worsened. The next morning, he awakened to severe pain that radiated throughout his lower back, buttocks and the top of his leg. The plaintiff, nevertheless, continued to work. He orally reported his back pain to Lindon. The plaintiff's back pain did not subside, and he saw his physician on September 10, 1999. The plaintiff's physician ordered a magnetic resonance imaging test that indicated that the plaintiff had a ruptured disc. The physician referred him to Wells Jacobson, a specialist, whom the plaintiff saw on October 6, 1999. Jacobson, an orthopedic surgeon, confirmed that the plaintiff had a ruptured disc and preliminarily concluded that it was a work-related injury. Jacobson subsequently referred the plaintiff to a second orthopedic surgeon, W. Jay Krompinger. In an April 3, 2000 appointment, Krompinger confirmed that the plaintiff had suffered a ruptured disc and recommended surgery. Despite his progressively worsening back condition, the plaintiff continued to work for Lindon until December, 1999, when he stopped working for several weeks before returning for light duty assignments for an additional two months. In March, 2000, the plaintiff left his employment with Lindon.
On the basis of the foregoing findings, the commissioner concluded that the plaintiff's ruptured disc arose out of and in the course of his employment with Lindon and ordered it to reimburse the plaintiff for any out of pocket medical expenses, and to pay for any future medical care related to his compensable injury. The board affirmed the commissioner's findings and conclusion, and this appeal followed.
At the outset, we set forth our standard of review. "When the decision of a commissioner is appealed to the board, the board is obligated to hear the appeal on the record of the hearing before the commissioner and not to retry the facts. . . . The commissioner has the power and duty, as the trier of fact, to determine the fa
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