3 A.2d 842 | Conn. | 1939
As a result of employment in the "wetting down" department of the named defendant's hat factory the plaintiff developed dermatitis causing incapacity on May 29, 1936. He was paid compensation for total disability, first under a voluntary agreement and afterward under a finding and award, until January 29, 1937. Subsequently he filed a motion for further compensation, but it was denied on the ground that he has been, since January 29, 1937, and now is, able to work. In response to a motion to correct, the commissioner amended the finding by adding that the plaintiff has a susceptibility to a recurrence of the dermatitis upon being subjected to mercury, formic acid, or similar irritants but found, also, that he is qualified to work outside the hatting industry where *142 he would not be so subjected. It was also added that the plaintiff has made diligent effort to obtain employment outside of the hatting industry but has not succeeded. A further requested finding that by reason of the susceptibility to dermatitis the plaintiff's earning capacity has been permanently impaired or destroyed, was denied. The refusal to so find and to award further compensation was the principal point on the appeal to the Superior Court, which was dismissed, and the only one on this appeal, the plaintiff contending that he has been rendered unable to continue to work as a hatter and since he has made diligent but fruitless search for other work he should not be denied further compensation because he is still able to do other work if he could find it.
While no finding was made or requested specifically stating that the plaintiff's present susceptibility to a recurrence of pathological dermatitis is attributable to that which was incurred during his employment it is a fair inference from the facts found, and lessened earning capacity, if caused thereby, would be compensable under 5237 of the General Statutes on the basis of "half of the difference between his average weekly earnings before the injury and the amount he is able to earn thereafter." Santini v. Levin,
The difficulty with the plaintiff's case on the present record lies in a lack of evidence as to effect of his susceptibility upon his earning capacity such as to require a finding on that subject which would entitle him to an award. In order to be compensable, destruction *143
or impairment of earning capacity must be due to conditions resulting from the specific injury and not to other reasons unconnected therewith. Reilley v. Carroll,
The evidence was not such as to require a finding of total incapacity, although had it been made it might have been sustainable, as in the cases just mentioned *144
and in Jordan v. Decorative Co., supra. Even if the finding be construed, as it may be, as meaning that the plaintiff because of the original dermatitis and consequential continuing susceptibility to recurrence is unfitted for employment in the hatting industry but is qualified for other work outside that occupation and to be regarded as incapacitated to that extent, in order to justify an award for partial incapacity it was necessary for the commissioner to have evidence justifying a finding as to the extent of that incapacity and consequent loss of earning ability. Tarascio v. S.C. Poriss Co.,
There is no error.
In this opinion the other judges concurred.