Buchanan v. East Hartford

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Buchanan v. East Hartford

PATRICIA BUCHANAN v. TOWN OF
EAST HARTFORD
(AC 47085)
Moll, Suarez and Clark, Js.

Syllabus

The defendant town appealed from the decision of the Compensation Review
Board reversing the decision of the administrative law judge, who had
dismissed the plaintiff’s claim for survivorship benefits pursuant to statute
(§ 31-306) following the death of her husband, a town police officer. The
defendant claimed, inter alia, that the board improperly substituted its own
factual findings for those of the administrative law judge. Held:

The board improperly substituted its judgment on causation for that of the
administrative law judge, whose factual findings were not clearly erroneous
and which found support in the record, as it was not the role of the board
to retry the issue of causation.

The board’s decision could not be affirmed on the plaintiff’s alternative
ground that, when the decedent suffered a physical injury responding to an
apartment complex fire, it aggravated a preexisting mental health condition,
which, in turn, caused him to die by suicide, as the administrative law judge,
faced with conflicting evidence on the question of causation, comprehen-
sively summarized the evidence presented, weighed that evidence, and made
appropriate credibility determinations in making its factual findings on the
essential issues in the case.

Argued January 8—officially released July 15, 2025

Procedural History

Appeal from the decision of the administrative law
judge for the First District of the Workers’ Compensa-
tion Commission dismissing the plaintiff’s claim for sur-
vivor’s benefits, brought to the Compensation Review
Board, which reversed the decision of the administra-
tive law judge, and the defendant appealed to this court.
Reversed; judgment directed.
Timothy D. Ward, for the appellant (defendant).
James M. Quinn, with whom was Joseph P. Quinn,
Jr., for the appellee (plaintiff).
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Buchanan v. East Hartford

Opinion

SUAREZ, J. In this workers’ compensation matter,
the defendant, the town of East Hartford, appeals from
the decision of the Compensation Review Board
(board), which reversed the decision of the administra-
tive law judge for the First District of the Workers’
Compensation Commission (commission), dismissing
the claim for survivorship benefits under General Stat-
utes § 31-3061 filed by the plaintiff, Patricia Buchanan,
the surviving spouse of the deceased employee, Paul
Buchanan (decedent). On appeal, the defendant claims,
inter alia, that the board (1) improperly substituted its
own factual findings for those of the administrative
law judge, which were not clearly erroneous, and (2)
misapplied General Statutes (Rev. to 2013) § 31-275 (16)
(A) and (B)2 by including post-traumatic stress disorder
and/or depression as qualified injuries under the Work-
ers’ Compensation Act (act), General Statutes § 31-275
1
General Statutes § 31-306 (a) provides in relevant part: ‘‘Compensation
shall be paid to dependents on account of death resulting from an accident
arising out of and in the course of employment or from an occupational
disease . . . .’’
2
General Statutes (Rev. to 2013) § 31-275 (16) provides in relevant part:
‘‘(A) ‘Personal injury’ or ‘injury’ includes, in addition to accidental injury
that may be definitely located as to the time when and the place where the
accident occurred, an injury to an employee that is causally connected with
the employee’s employment and is the direct result of repetitive trauma or
repetitive acts incident to such employment, and occupational disease.
‘‘(B) ‘Personal injury’ or ‘injury’ shall not be construed to include . . .
(ii) A mental or emotional impairment, unless such impairment (I) arises
from a physical injury or occupational disease . . . .’’
After the decedent’s death, § 31-275 (16) (B) (ii) was amended to provide
that a mental or emotional impairment may qualify as a ‘‘personal injury’’
if such impairment, ‘‘in the case of an eligible individual as defined in section
31-294k, is a diagnosis of post-traumatic stress injury as defined in section
31-294k that meets all the requirements of section 31-294k.’’ General Statutes
§ 31-275 (16) (B) (ii); see also Public Acts 2021, No. 21-107, § 1. The legislature
further enacted General Statutes § 31-294k in 2019, which provides benefits
for police officers, parole officers, and firefighters for post-traumatic stress
disorder under certain situations. Accordingly, all references in this opinion,
unless otherwise stated, are to the 2013 revision of the statute.
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Buchanan v. East Hartford

et seq. The plaintiff raises four alternative grounds on
which she claims we may affirm the board’s decision.
See footnote 8 of this opinion. We agree with the defen-
dant’s first claim and disagree with the alternative
grounds for affirmance raised by the plaintiff. Accord-
ingly, we reverse the decision of the board and remand
the case to the board with direction to affirm the deci-
sion of the administrative law judge.
The following facts, as found by the administrative
law judge or otherwise undisputed in the record, and
procedural history are relevant to our resolution of this
appeal. The decedent began working as a police officer
for the East Hartford Police Department (department)
in 1989. Although he served with distinction, the stress
of the work weighed on him. The administrative law
judge found that the decedent had experienced a great
deal of emotional trauma as a police officer and outlined
several traumatic incidents, including responding to a
murder/suicide in 2006, and having to comfort a teen-
ager who had been stabbed and who subsequently died
in his arms. The plaintiff testified before the administra-
tive law judge that, after he had been working for the
department for about ten years, the decedent began to
experience restless sleep and he often woke up in the
middle of the night from a nightmare.
The decedent began sharing with his primary care
physician, Raymond Kurker, that he was feeling anxious
and depressed. As early as 2003, and for many years
thereafter, Kurker prescribed the decedent medications
for depression and anxiety. The plaintiff testified that,
despite these medications, the decedent’s condition did
not improve. The decedent began to lose interest in
activities that he formerly enjoyed and complained of
chronic back and knee pain. He would talk about past
cases or traumas that were upsetting to him and would
appear uncomfortable and ‘‘panicky’’ when going out
to places such as restaurants.
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As time passed, the decedent’s condition continued to
worsen. He eventually began to perform administrative
duties inside the department because his patrol duties
were overwhelming him. The decedent subsequently
became dissatisfied with his administrative work
because his duties over time had continually increased,
which caused him further stress. As a result, the dece-
dent requested to return to patrol duties in September,
2012. The plaintiff noticed that the decedent once again
experienced sleeplessness, loss of appetite and weight
loss upon his return to patrol duties. The plaintiff testi-
fied that the decedent was afraid to reach out for help
because he thought that, if he shared his struggles with
the department, his service weapon would be taken
away.
On December 18, 2012, the decedent sought assis-
tance through the Employee Assistance Program at the
department, but the plaintiff testified that this appoint-
ment did not help him. On December 24, 2012, the
decedent was seen at Eastern Connecticut Health Net-
work at Manchester Memorial Hospital. The medical
records on that date indicate that the decedent had
been suffering from depression and anxiety.
The decedent followed up in early January, 2013,
with Kari A. Jones, a board-certified psychiatrist. In his
deposition, a transcript of which was admitted into
evidence, Jones testified that the decedent had reported
that his anxiety and depression were worsening over
the previous month, a change that the decedent attrib-
uted to his job as a police officer. Jones diagnosed
the decedent at that time with panic disorder without
agoraphobia. Although he did not definitively diagnose
the decedent with depression, he did provisionally diag-
nose depression, indicating that ‘‘[there were] some
symptoms that seem to be present but [the decedent
did not] meet the full criteria for a definitive diagnosis
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. . . .’’ Jones prescribed Effexor for the decedent’s anx-
iety and depression, discontinued his prescription for
Xanax, an antianxiety medication that had been pre-
scribed by Kurker, and started him on clonazepam, also
known as Klonopin, another antianxiety medication.3
Jones noted that the decedent had a history of depres-
sion that dated back to his early adulthood. Jones testi-
fied that the medications he prescribed the decedent
were for his panic disorder and depression, not for post-
traumatic stress disorder.
On January 15, 2013, the decedent, who was working
an overnight shift, responded to a fire (January, 2013
fire) at an apartment complex in East Hartford. The
decedent later told the plaintiff that residents were
jumping from windows and children were being thrown
to safety. Todd Hanlon, a lieutenant with the depart-
ment, encountered the decedent at the scene, describ-
ing him as ‘‘babbling.’’ Hanlon decided to send the dece-
dent, accompanied by another officer, to Hartford
Hospital by ambulance. The emergency room records
from Hartford Hospital noted that the decedent com-
plained of feeling lightheaded and weak, and that he had
recently been prescribed Metoprolol. Michael Morelli,
a fellow officer, drove the decedent home from the
hospital and the decedent told him he ‘‘wasn’t doing
well.’’ Another officer, Nestor Caraballo, responded to
the fire and spoke with the decedent, who told him
that his doctor had increased his dosage of prescribed
medications. A first report of injury relating to the Janu-
ary, 2013 fire noted that the decedent had been ‘‘[o]ver-
come by smoke . . . .’’
After the January, 2013 fire, the decedent called
Jones. The plaintiff testified that she encouraged the
3
We note that, although the administrative law judge found that Jones
prescribed Viibryd, Jones’ uncontradicted testimony, which is consistent
with Jones’ contemporaneous medical records, was that he had discontinued
the decedent’s Viibryd prescription for depression and anxiety. Thus, this
finding appears to reflect a scrivener’s error.
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Buchanan v. East Hartford

decedent to contact Jones because the decedent was
panicking and confided that he had suicidal thoughts.
On January 30, 2013, the decedent saw Jones, and it
was decided that the decedent would take some time
off from work due to his panic disorder. Jones also
referred the decedent to a therapist, whom he saw on
one occasion. In February, 2013, the decedent spoke
with Officer Morelli and told him that he was ‘‘having
some issues . . . there were some things going on,
with seeing doctors, and some medication issues.’’
Jones recommended that he take some time off. By
February 28, 2013, the decedent and Jones discussed
his return to work. Jones testified that, at that point,
he thought the decedent could potentially suffer from
post-traumatic stress disorder ‘‘as a possible comorbid-
ity’’ but that this diagnosis was neither confirmed nor
excluded by him.
The decedent returned to work on March 4, 2013,
and was assigned administrative duties. It is undisputed
that, on March 12, 2013, the decedent died of a ‘‘self-
inflicted gunshot wound which occurred at work, dur-
ing office hours and with the use of his service revolver.’’
Timothy McConville, another fellow officer, testified
that he saw the decedent minutes before his death and
stated that ‘‘[the decedent] just wasn’t himself . . . I
think some of it was the medicine.’’
The decedent left a suicide note in which he wrote:
‘‘I am so sorry but when the depression hit this time,
I knew it was different.’’ He explained that he had ‘‘strug-
gled with depression most of my early life’’ and wanted
his death to be a catalyst for others to get help. He
added that he ‘‘can’t relax anymore no matter where I
am, I can’t take this torture and torment anymore
. . . .’’ In another handwritten note, the decedent
wrote: ‘‘I wish I could tell people every time I think of
work I get stressed out and anxious. . . . Something
in my mind has not been right for a few years now.’’
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In 2013, the plaintiff commenced this action for survi-
vorship benefits. In November, 2013, the plaintiff filed
a form 30D4 with the commission listing the date of
injury as March 12, 2013, and the description of the
injury as a ‘‘[g]unshot wound.’’ In December, 2015, the
plaintiff filed another form 30D describing the injury
as ‘‘PTSD’’ with the date of injury listed as January 15,
2013, and, in the description of the injury it was noted,
‘‘[r]esponse to [a]partment [f]ire.’’
Between 2020 and 2022, the administrative law judge
held several formal hearings on the plaintiff’s claim,
hearing testimony from lay witnesses, including the
plaintiff and officers from the department, as well as
medical expert witnesses. Several exhibits were offered
into evidence, including medical records of the dece-
dent, deposition transcripts and the decedent’s person-
nel file with the department.
Robin Grant-Hall, a clinical psychologist, testified as
one of the plaintiff’s expert witnesses. She noted the
decedent’s relevant family history, including a history
of depression with his mother and alcohol use disorder
with his father, as well as some abuse history. She
reviewed the decedent’s medical records and noted that
they showed chronic depressive symptoms. On the
basis of her review of the records, her training and
experience, Grant-Hall opined that the decedent devel-
oped post-traumatic stress disorder from his career as
a police officer, which was exacerbated by the January,
2013 fire and which directly caused the decedent to
take his own life.
Kenneth Selig, a psychiatrist, also testified for the
plaintiff. Selig based his expert opinions on the dece-
dent’s medical records, personnel records, deposition
Form 30D is titled ‘‘Dependent’s Notice of Claim (To Administrative Law
4

Judge and to Employer).’’ See Estate of Haburey v. Winchester, 150 Conn.
App. 699, 704–705, 92 A.3d 265, cert. denied, 312 Conn. 922, 94 A.3d 1201
(2014).
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Buchanan v. East Hartford

transcripts, and interviews with people who knew the
decedent, including the plaintiff. He also diagnosed the
decedent with post-traumatic stress disorder and
opined that the decedent committed suicide because
he was ‘‘emotionally overwhelmed’’ from his post-trau-
matic stress disorder, which Selig opined had developed
as a result of working as a police officer for almost
twenty-five years and, during that time, experiencing
traumatic incidents. (Emphasis omitted.) Selig further
opined that the decedent’s smoke inhalation from the
January, 2013 fire aggravated his post-traumatic stress
disorder, which led to his suicide. Selig, however, con-
ceded that he could not conclude that the decedent had
sustained a physical injury during the January, 2013 fire.
Catherine Lewis, a forensic psychiatrist, testified for
the defendant. Lewis reviewed the decedent’s personnel
file and medical records, as well as certain deposition
testimony. Lewis testified as to the decedent’s history
of depression, noting that this had been an ongoing
issue for him. Lewis opined that the decedent’s symp-
toms were consistent with a major depressive episode
and anxious distress in the weeks leading to his death.
She further opined that a variety of variables exacer-
bated the decedent’s depression, including chronic
pain, various changes to his psychiatric medications,
and a recent change to his shift schedule. In her report,
which was entered into evidence as a full exhibit, she
opined that she could not conclude that the decedent
suffered from post-traumatic stress disorder. Rather,
she believed that he suffered from ‘‘lifetime’’ episodes
of major depression and anxiety that were not related
to his work as a police officer. Lewis also testified that
it was her opinion that the decedent had suffered from
panic disorder in the past, which confers a risk of sui-
cide. Lewis testified that the January, 2013 fire had
coincided with recent changes to the decedent’s psychi-
atric medications and that he was having side effects
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Buchanan v. East Hartford

from the medications at that time. She ultimately opined
that the decedent’s major depressive episode, combined
with anxious distress, sleep disturbance, and the man-
agement of the decedent’s medications, were substan-
tial contributing factors in the decedent’s suicide.
The parties submitted proposed findings and briefs
after the formal hearings. The plaintiff argued before
the administrative law judge that, ‘‘as of January 15,
2013, the decedent suffered from [post-traumatic stress
disorder], which condition was aggravated by his
responding to a complex fire on that date, at which
time he inhaled smoke and was administered oxygen,
taken from the scene via ambulance, and was diagnosed
with smoke inhalation. The aggravation of this condi-
tion caused his death on March 12, 2013.’’ The plaintiff’s
proposed findings of fact referred to both the form 30D
that alleged that a ‘‘[g]unshot wound’’ was the dece-
dent’s injury and to the form 30D that referred to the
decedent’s post-traumatic stress disorder. The defen-
dant argued before the administrative law judge, inter
alia, that ‘‘[t]he threshold issue in this case is whether
or not [the decedent] ha[d] actually sustained a post-
traumatic stress disorder versus a long-term depres-
sion. If the court rules that he sustained a long-term
depression . . . the claim is not compensable and
should be dismissed.’’
On October 5, 2022, the administrative law judge
issued a finding and dismissal. In so doing, the adminis-
trative law judge found that (1) Selig’s opinion that the
decedent suffered from post-traumatic stress disorder
was credible but ‘‘the weight of the medical evidence
does not support the contention that the [decedent’s
post-traumatic stress disorder] arose from, or was
caused by, any physical injury that he sustained as a
police officer,’’ (2) the decedent’s post-traumatic stress
disorder was an occupational disease, (3) the opinion
of Lewis that the decedent ‘‘did not suffer a physical
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Buchanan v. East Hartford

injury on January 15, 2013, that aggravated his underly-
ing mental health condition which then caused him to
take his own life’’ was credible and persuasive, (4) the
decedent suffered a physical injury on January 15, 2013,
and (5) Lewis’ opinion that the decedent suffered from
‘‘major depressive disorder and that this, coupled with
medication management issues and sleep disturbance,
was the reason for his tragically taking his own life and
that this was not caused by the decedent’s employ-
ment,’’ was credible and persuasive. The administrative
law judge subsequently denied the plaintiff’s motion to
correct certain findings and orders.
Thereafter, the plaintiff filed a petition for review of
the administrative law judge’s finding and dismissal.
On appeal to the board, the plaintiff argued that the
administrative law judge erroneously relied on Lewis’
opinions, which the plaintiff asserted were not credible
because ‘‘[they were] based upon misstatement[s] of
facts and manufactured facts not found in the record.’’
She further argued that the administrative law judge
made subordinate findings that were ‘‘either inconsis-
tent with the evidence, or simply not in the record,’’ and
drew unreasonable inferences and reached conclusions
contrary to the law. She claimed that the only reason-
able conclusion that could be drawn from the facts
was that the ‘‘injuries suffered by [the decedent] at the
[January, 2013] fire were the proximate cause of his
suicide . . . .’’ The defendant filed a brief before the
board arguing that the administrative law judge made
appropriate factual findings regarding each of the medi-
cal experts, and that his conclusion that the decedent’s
post-traumatic stress disorder did not cause his suicide
was supported by evidence in the record.
On November 3, 2023, the board issued a memoran-
dum of decision in which it reversed the administrative
law judge’s dismissal of the plaintiff’s claim. The board
concluded that the administrative law judge’s decision
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Buchanan v. East Hartford

was clearly erroneous and that he misapplied the law
to the underlying facts. The board determined that,
contrary to the parties’ arguments, the ‘‘question was
whether the decedent’s death on March 12, 2013, consti-
tuted a compensable physical injury such that the
[plaintiff] would be entitled to survivor’s benefits.’’
(Emphasis added.) The board stated that there were
‘‘inherent contradictions’’ in the administrative law
judge’s decision because, although the administrative
law judge found that the decedent suffered from post-
traumatic stress disorder, he ‘‘disregarded’’ that diagno-
sis when considering the reason for the decedent’s sui-
cide. The board determined that it was ‘‘reasonable to
find that [the] decedent’s death, regardless of the fact
that it was the result of a mental impairment, consti-
tuted a physical injury that occurred in the course of
his employment.’’ (Emphasis added.) As the November,
2013 form 30D alleged a physical injury, namely, a gun-
shot wound, the board reasoned that no analysis of
§ 31-275 (16) (B) was necessary. The board concluded
that, ‘‘[o]nce it was established . . . that the decedent
sustained a physical injury that stemmed from a self-
inflicted gunshot wound at work that arose out of and
[was] in the course of his employment, and that his
employment was a significant contributing factor to his
physical injury, it was unreasonable to conclude that
this was not a compensable claim.’’ This appeal fol-
lowed. Additional facts will be set forth as necessary.
We first set forth the standard of review and legal
principles applicable to workers’ compensation appeals.
‘‘[T]he principles [governing] our standard of review in
workers’ compensation appeals are well established.
. . . The board sits as an appellate tribunal reviewing
the decision of the [administrative law judge]. . . .
[T]he review . . . of an appeal from the [administrative
law judge] is not a de novo hearing of the facts. . . .
[Rather, the] power and duty of determining the facts
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Buchanan v. East Hartford

rests on the [administrative law judge and] . . . [t]he
[administrative law judge] is the sole arbiter of the
weight of the evidence and the credibility of witnesses
. . . . [When] the subordinate facts allow for diverse
inferences, the [administrative law judge’s] selection of
the inference to be drawn must stand unless it is based
on an incorrect application of the law to the subordinate
facts or from an inference illegally or unreasonably
drawn from them. . . . It matters not that the basic
facts from which the [administrative law judge] draws
this inference are undisputed rather than controverted.
. . . It is likewise immaterial that the facts permit the
drawing of diverse inferences. The [administrative law
judge] alone is charged with the duty of initially select-
ing the inference [that] seems most reasonable and [the
administrative law judge’s] choice, if otherwise sustain-
able, may not be disturbed by a reviewing court. . . .
This court’s review of [the board’s] decisions . . . is
similarly limited. . . . [W]e must interpret [the admin-
istrative law judge’s finding] with the goal of sustaining
that conclusion in light of all of the other supporting
evidence. . . . Once the [administrative law judge]
makes a factual finding, [we are] bound by that finding
if there is evidence in the record to support it. . . .
‘‘Furthermore, [i]t is well settled that, because the
purpose of the . . . [act] . . . is to compensate
employees for injuries without fault by imposing a form
of strict liability on employers, to recover for an injury
under the act a plaintiff must prove that the injury is
causally connected to the employment. To establish a
causal connection, a plaintiff must demonstrate that
the claimed injury (1) arose out of the employment,
and (2) [arose] in the course of the employment. . . .
‘‘[I]n Connecticut traditional concepts of proximate
cause constitute the rule for determining . . . causa-
tion [in workers’ compensation cases]. . . . [T]he test
of proximate cause is whether the [employer’s] conduct
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Buchanan v. East Hartford

is a substantial factor in bringing about the [employee’s]
injuries. . . . Further, it is the plaintiff who bears the
burden to prove an unbroken sequence of events that
tied [the employee’s] injuries to the [employer’s con-
duct]. . . .
‘‘As [our Supreme Court] previously [has] indicated,
[the] court has defined proximate cause as [a]n actual
cause that is a substantial factor in the resulting harm
. . . . The fundamental inquiry of proximate cause is
whether the harm that occurred was within the scope
of foreseeable risk created by the defendant’s negligent
conduct. . . . The question of proximate causation
. . . belongs to the trier of fact because causation is
essentially a factual issue. . . . It becomes a conclu-
sion of law only when the mind of a fair and reasonable
[person] could reach only one conclusion; if there is
room for a reasonable disagreement the question is
one to be determined by the trier as a matter of fact.’’
(Citations omitted; internal quotation marks omitted.)
Orzech v. Giacco Oil Co., 208 Conn. App. 275, 281–83,
264 A.3d 608 (2021); see also, e.g., Funaioli v. New
London, 61 Conn. App. 131, 136, 763 A.2d 22 (2000)
(‘‘a[n] [administrative law judge’s] conclusion that a
[decedent’s] employment was not a substantial factor in
causing the [decedent’s injury] is conclusive, provided
it is supported by competent evidence and is otherwise
consistent with the law’’).
‘‘To establish [causation], the plaintiff must prove
that the injury (1) arose out of the employment, and
(2) occurred in the course of the employment. . . .
This two part test derives from § 31-275, which provides
in relevant part: (1) Arising out of and in the course of
his employment means an accidental injury happening
to an employee or an occupational disease of an
employee originating while the employee has been
engaged in the line of the employee’s duty in the busi-
ness or affairs of the employer . . . .
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‘‘An injury is said to arise out of the employment
when (a) it occurs in the course of the employment
and (b) is the result of a risk involved in the employment
or incident to it or to the conditions under which it is
required to be performed. . . . The . . . requirement
[that the injury must arise out of the employment]
relates to the origin and cause of the accident, [whereas]
the . . . requirement [that the injury must occur in the
course of employment] relates to the time, place and
[circumstance] of the accident. . . . [W]hether a [dece-
dent’s] injuries resulted from an incident that occurred
in the course of the employment [therefore presents]
a separate and distinct question from whether [those]
. . . injuries arose out of [the] employment.’’ (Citations
omitted; internal quotation marks omitted.) Clements
v. Aramark Corp., 339 Conn. 402, 411–12, 261 A.3d
665 (2021).
Section 31-275 (16) (A) provides in relevant part that
‘‘ ‘[p]ersonal injury’ ’’ includes, ‘‘in addition to acciden-
tal injury that may be definitely located as to the time
when and the place where the accident occurred, an
injury to an employee that is causally connected with
the employee’s employment and is the direct result of
repetitive trauma or repetitive acts incident to such
employment, and occupational disease.’’ General Stat-
utes (Rev. to 2013) § 31-275 (16) (A). Section 31-275 (16)
(B) further provides in relevant part that ‘‘ ‘[p]ersonal
injury’ ’’ shall not be construed to include ‘‘(ii) [a] mental
or emotional impairment, unless such impairment . . .
arises from a physical injury or occupational disease
. . . .’’ General Statutes (Rev. to 2013) § 31-275 (16) (B).
I
On appeal to this court, the defendant claims that
the board incorrectly substituted the administrative law
judge’s findings with its own factual findings and con-
clusions on the issue of causation. The plaintiff counters
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Buchanan v. East Hartford

that the board relied on existing law in correcting the
erroneous legal conclusions drawn from the facts found
by the administrative law judge. We agree with the
defendant.5

In assessing a workers’ compensation claim, ‘‘[i]t is
the [administrative law judge’s] duty to evaluate the
weight of the medical evidence and the credibility of
the witnesses . . . and the [administrative law judge’s]
conclusions cannot be reversed simply because the
plaintiff’s own evaluations of the findings causes him
to reach a contrary conclusion. Unless the factual find-
ings on which the [administrative law judge] bases his
conclusion are clearly erroneous, or there is no evi-
dence in the record to support the conclusion, the con-
clusion must stand. . . . [I]t is proper to consider medi-
cal evidence along with all other evidence to determine
5
The defendant also argues that the board improperly redefined the issues
of the case in violation of its due process rights. Our conclusion that the
board improperly substituted its own judgment on the issue of causation
for that of the administrative law judge is dispositive of this appeal and,
therefore, we need not address this additional argument. For the same
reason, we need not address the defendant’s second claim, namely, that the
board improperly included a ‘‘mental-physical’’ claim within the definition
of personal injury under § 31-275 (16) (A) and (B).
We note that, in the present case, the board stated that the ‘‘focus of the
parties, and, in turn, the [administrative law judge], regarding [post-traumatic
stress disorder] versus major depression being the compensable injury was
. . . a ‘red herring.’ ’’ The board grounded this statement on the fact that
the plaintiff filed a form 30D asserting a ‘‘[g]unshot wound’’ as the compensa-
ble injury and concluded that an analysis of § 31-275 (16) (B) was not
necessary. Although the main issue presented to the administrative law
judge was which of the decedent’s mental conditions caused his suicide,
we note that, from the commencement of this case, the plaintiff had filed
two form 30D claims: one asserted a gunshot wound as the compensable
injury, and the other asserted post-traumatic stress disorder, as aggravated
by physical injuries from the January, 2013 fire. In response to the form
30D that claimed a gunshot wound as the compensable injury, the defendant
filed a form 43 to dispute liability in which it asserted that the ‘‘[decedent’s]
death did not arise in or out of [the] course of employment as per . . .
§ 31-306.’’ See, e.g., Woodbury-Correa v. Reflexite Corp., 190 Conn. App.
623, 626 n.3, 212 A.3d 252 (2019).
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whether an injury is related to the employment.’’ (Cita-
tion omitted; emphasis omitted; internal quotation marks
omitted.) Brooks v. Electric Boat Corp., 133 Conn. App.
377, 383, 35 A.3d 404 (2012).
As stated previously in this opinion, the administra-
tive law judge’s findings outlined the decedent’s history
of mental health issues, including anxiety and depres-
sion. These findings noted Lewis’ opinions that the dece-
dent’s symptoms were consistent with major depressive
disorder and anxious distress in the weeks leading to
his death, and that a major depressive episode is charac-
terized by decreased concentration, diminished energy,
and suicidal thoughts, all of which were documented
in the present case. The administrative law judge also
relied in its findings on Lewis’ opinion that, in the days
leading up to his death, the side effects of the decedent’s
medications were ‘‘ ‘torturing’ ’’ him. The administrative
law judge found that the decedent suffered from ‘‘major
depressive disorder and that this, coupled with medica-
tion management issues and sleep disturbance, was the
reason for his tragically taking his own life and that
this was not caused by [the decedent’s] employment
. . . .’’ In so doing, the administrative law judge
expressly credited Lewis’ testimony, which he found to
be ‘‘credible and persuasive . . . .’’
The board rejected the administrative law judge’s
findings, stating that, although the administrative law
judge found that the decedent suffered from the occupa-
tional disease of post-traumatic stress disorder, ‘‘he dis-
regarded that diagnosis when considering the reason
for the decedent’s suicide.’’ The board further stated
that it was ‘‘unreasonable and clearly erroneous [for
the administrative law judge] to find that the decedent’s
work-related mental health issues were not a substan-
tial contributing factor in his suicide.’’ The board noted
that ‘‘even [Lewis], whose opinions . . . were credited
by the [administrative law judge] acknowledged that
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the [decedent’s] working conditions and the events of
[the January, 2013 fire] were factors that contributed
to the aggravation of his underlying mental health condi-
tion and that the decedent’s major depressive episode
and anxious distress ‘absolutely’ contributed to his sui-
cide. The focus of the parties and, in turn, the [adminis-
trative law judge] regarding [post-traumatic stress dis-
order] versus major depression being the compensable
injury was, therefore, a ‘red herring.’ ’’

For the reasons that follow, we conclude that the
board improperly substituted its own factual findings
on causation for those of the administrative law judge,
which were not clearly erroneous and which found
support in the record. It was not the role of the board
to retry the issue of causation. ‘‘[O]n review of the
[administrative law judge’s] findings, the [board] does
not retry the facts nor hear evidence. It considers no
evidence other than that certified to it by the [adminis-
trative law judge], and then for the limited purpose
of determining whether or not the finding should be
corrected, or whether there was any evidence to sup-
port in law the conclusions reached. It cannot review
the conclusions of the [administrative law judge] when
these depend [on] the weight of the evidence and the
credibility of witnesses.’’ (Internal quotation marks
omitted.) Arrico v. Board of Education, 212 Conn. App.
1, 18, 274 A.3d 148 (2022).

Indeed, the board recognized that it ‘‘cannot retry
the facts of the case and may only overturn the findings
of the administrative law judge if they are without evi-
dentiary support, contrary to the law, or based on unrea-
sonable or impermissible factual inferences.’’ In its anal-
ysis on the issue of causation, however, the board
overturned the administrative law judge’s factual find-
ings. The board summarized the administrative law
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judge’s findings, including that (1) the decedent suf-
fered from post-traumatic stress disorder, despite find-
ing that this disorder did not arise from a physical injury,
(2) the decedent’s post-traumatic stress disorder was
an occupational disease, and (3) Lewis’ opinions were
credible and persuasive that the decedent’s underlying
major depressive disorder, coupled with medication
management issues and sleep disturbance stemming
from recent shift changes, caused his suicide. The board
then stated, in cursory fashion, that there were ‘‘inher-
ent contradictions’’ in the administrative law judge’s
decision and concluded that the administrative law
judge ‘‘disregarded [the decedent’s post-traumatic stress
disorder] when considering the reason for the dece-
dent’s suicide.’’

The board acknowledged that Lewis testified that the
decedent’s underlying depressive disorder caused his
suicide. The board, however, did not point to any error
or speculation in Lewis’ opinions, or refer to any evi-
dence on which she had relied that was shown to be
unreliable. Instead, it improperly substituted its own
finding that the decedent’s post-traumatic stress disor-
der was a substantial factor in causing his death, stating
that, ‘‘[g]iven the [administrative law] judge’s and [Lewis’]
opinions, we find that it is unreasonable and clearly
erroneous to find that the decedent’s work-related men-
tal health issues were not a substantial contributing
factor in his suicide.’’ See, e.g., Fair v. People’s Savings
Bank, 207 Conn. 535, 546, 542 A.2d 1118 (1988) (‘‘it was
improper for the [board] to substitute its findings for the
findings of the [administrative law judge]’’); Frantzen
v. Davenport Electric, 206 Conn. App. 359, 368, 261 A.3d
41 (concluding that, despite apparently understanding
legal standard, board ‘‘improperly reversed the [admin-
istrative law judge’s] ruling by substituting its own judg-
ment for the conclusion of the [administrative law
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Buchanan v. East Hartford

judge]’’), cert. denied, 339 Conn. 914, 262 A.3d 134
(2021); see also Regs., Conn. State Agencies § 31-301-8.
As previously stated, to prove that an injury is com-
pensable, the plaintiff must demonstrate that the injury
(1) arose out of the employment and (2) occurred in the
course of the employment. See Clements v. Aramark
Corp., supra, 339 Conn. 411. In the present case, the
board reasoned that ‘‘[i]t is undisputed that the dece-
dent’s injury occurred in the course of his employment
since he was at work, during his assigned shift, at the
time that he committed suicide using his service
revolver.’’6 Apart from stating its own finding that the
decedent’s suicide was caused by his post-traumatic
stress disorder, however, the board did not fully analyze
the evidence to determine whether the administrative
law judge incorrectly concluded that the decedent’s
death was not proximately caused by his employment.
The board relied on this court’s decision in Chesler
v. Derby, 96 Conn. App. 207, 899 A.2d 624, cert. denied,
280 Conn. 909, 907 A.2d 88 (2006), to conclude that it
was ‘‘reasonable to find that [the] decedent’s death,
regardless of the fact that it was the result of a mental
impairment, constituted a physical injury that occurred
in the course of his employment.’’7 Chesler, however, is
6
We note that the defendant argues that the ‘‘gunshot wound was not
one inflicted within the course and scope of the [decedent’s] employment.’’
The defendant, however, has not offered any case law or analysis in support
of that argument, which occupies only one paragraph of its brief. To the
extent that the defendant intended to dispute the board’s determination that
the decedent’s death occurred within the scope of his employment, we
decline to address that argument because it is inadequately briefed. See,
e.g., Smith v. H. Pearce Real Estate Co., 232 Conn. App. 82, 90–91, 335 A.3d
81, cert. denied, 352 Conn. 906, A.3d (2025).
7
The plaintiff argues that the board’s reliance on Chesler was consistent
with our Supreme Court’s decision in Gartrell v. Dept. of Correction, 259
Conn. 29, 787 A.2d 541 (2002). In Gartrell, our Supreme Court concluded
that the plaintiff was entitled to workers’ compensation benefits when the
plaintiff’s ‘‘nonwork-related psychiatric condition . . . was aggravated by
a work-related physical injury . . . .’’ (Footnote omitted; internal quotation
marks omitted.) Id., 30–31. That case is also distinguishable because, in
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distinguishable because, in that case, this court affirmed
the board’s conclusion that a physical injury ‘‘precipi-
tated by work-related stress [was] a compensable
injury’’ because § 31-275 (16) (B) (ii) and (iii) does not
exclude physical injuries brought on by work-related
mental or emotional stress. (Emphasis added.) Chesler
v. Derby, supra, 211, 216. Thus, in Chesler, it was not
disputed that the decedent’s stress, which led to a physi-
cal injury, namely, a fatal cardiac event, was work-
related. Id., 211. In the present case, by contrast, the
parties presented voluminous evidence, including evi-
dence from conflicting medical experts, over the course
of formal hearings that spanned several days on the
crucial issues of (1) whether the decedent had post-
traumatic stress disorder related to his employment,
and (2) if he did, whether his suicide was caused by
his work-related post-traumatic stress disorder, or his
underlying major depressive disorder. Although the
board characterized it as a ‘‘red herring,’’ the issue of
which mental health condition and/or conditions proxi-
mately caused the decedent’s suicide was properly the
major focus of the formal hearings before the adminis-
trative law judge, regardless of whether the claimed
‘‘injury’’ was a gunshot wound or the aggravation of
post-traumatic stress disorder that stemmed from phys-
ical injuries the decedent sustained during the January,
2013 fire.

The board also stated that the present case can be
‘‘easily . . . analogized’’ to two prior decisions of this
court, Dixon v. United Illuminating Co., 57 Conn. App.
51, 748 A.2d 300, cert. denied, 253 Conn. 908, 753 A.2d
940 (2000), and Orzech v. Giacco Oil Co., supra, 208
Conn. App. 275. In Dixon, this court affirmed the
the present case, the administrative law judge specifically found that the
decedent did not sustain a physical injury from the January, 2013 fire ‘‘that
aggravated his underlying mental health condition . . . .’’
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board’s decision, which affirmed the workers’ compen-
sation commissioner’s dismissal of the plaintiff’s claim
for survivorship benefits, on the ground that the dece-
dent’s suicide ‘‘was the result of his alcoholism and
depression, rather than his [work-related] injury.’’
Dixon v. United Illuminating Co., supra, 52, 64. In
Dixon, like in the present case, the workers’ compensa-
tion commissioner relied on expert testimony concern-
ing the cause of the decedent’s suicide, and this court
held that it was ‘‘within the [workers’ compensation]
commissioner’s discretion to credit all, part or none of
the expert testimony presented at the hearing.’’ Id., 59.
Thus, rather than supporting the board’s position,
Dixon is consistent with our determination that the
administrative law judge’s reliance on Lewis’ expert
testimony was not clearly erroneous. With respect to
Orzech, although this court stated that suicide may be
a compensable injury, Orzech is distinguishable because,
in that case, the decedent’s suicide stemmed from his
depression, which had developed after he had sustained
compensable physical injuries. Orzech v. Giacco Oil
Co., supra, 300–303. In the present case, by contrast,
the administrative law judge found that, although the
decedent sustained physical injuries during the January,
2013 fire, those injuries did not ‘‘[aggravate] his underly-
ing mental health condition which then caused him to
take his own life.’’ See part II of this opinion. Thus,
unlike in Orzech, the administrative law judge in the
present case found that there was not an unbroken
chain of causation ‘‘linking the decedent’s compensable
injuries to his death.’’ Orzech v. Giacco Oil Co., supra,
286.
Moreover, on the basis of our review of the record,
we conclude that there was sufficient evidence from
which the administrative law judge reasonably could
have determined that the decedent’s death was caused
by his underlying major depressive disorder, rather than
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his work-related post-traumatic stress disorder.8 The
plaintiff concedes that the board did not discuss the
propriety of the administrative law judge’s reliance on
Lewis’ opinions, which it should have done in assessing
whether his findings were clearly erroneous. Upon our
review, we conclude that Lewis’ opinions were not
unreasonable or based on conjecture. Lewis relied on
the decedent’s medical records, certain testimony, and
an interview that she conducted with the plaintiff in
rendering her opinions. See, e.g., Weaver v. McKnight,
313 Conn. 393, 411, 97 A.2d 920 (2014) (‘‘[a] nontreating
physician may base [her] opinion on medical records,
test results, laboratory reports, and [a] party’s state-
ments’’). The administrative law judge found that Lewis
had diagnosed the decedent with major depressive dis-
order with recurrent anxiety and distress and referred
to her testimony in which she stated, based on a reason-
able degree of medical probability, that these underly-
ing issues and the management of his medications for
those conditions were substantial contributing factors
in the decedent’s suicide. Thus, this case is distinguish-
able from DiNuzzo v. Dan Perkins Chevrolet Geo, Inc.,
99 Conn. App. 336, 913 A.2d 483 (2007), aff’d, 294 Conn.
132, 982 A.2d 157 (2009), in which this court concluded,
and our Supreme Court later affirmed, that a medical
8
The plaintiff asserted four alternative grounds for affirmance, none of
which formed a basis for the board’s decision but were properly raised
pursuant to Practice Book § 63-4. Specifically, the plaintiff claims that (1)
mental impairments are physical injuries under the act, challenging our
Supreme Court’s decision in Biasetti v. Stamford, 250 Conn. 65, 79–80, 735
A.2d 321 (1999), and its interpretation of § 31-275 (16) (B) (ii), (2) post-
traumatic stress disorder is an occupational disease that causes injury to
the brain, (3) post-traumatic stress disorder caused the decedent to die by
suicide, and (4) the physical injuries suffered by the decedent during the
January, 2013 fire aggravated his preexisting condition and caused him to
die by suicide. Our determination that the administrative law judge’s finding
that the decedent’s post-traumatic stress disorder did not cause his suicide
was not clearly erroneous is dispositive of the first three alternative grounds
for affirmance. We address the plaintiff’s fourth alternative ground for
affirmance in part II of this opinion.
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expert’s testimony was improperly grounded in conjec-
ture and speculation because the expert conceded that
there was ‘‘no way to know the exact cause of the
decedent’s death.’’ Id., 345–47. Although Grant-Hall,
Selig, and Lewis all acknowledged that the issue of
the decedent’s state of mind was difficult to determine
because the decedent had died, they all offered their
opinions on causation with a reasonable degree of psy-
chological and/or medical probability, respectively.
Moreover, none of the evidence on which Lewis relied
was discredited by the administrative law judge. Cf.,
e.g., Jones v. Connecticut Children’s Medical Center
Faculty Practice Plan, 131 Conn. App. 415, 429–30, 28
A.3d 347 (2011) (workers’ compensation commissioner
improperly relied on expert’s opinion when expert’s
report relied on plaintiff and another expert for fact
that traumatic brain injury occurred, despite fact that
workers’ compensation commissioner had discredited
both plaintiff and other expert).
The board readily stated that the administrative law
judge ‘‘clearly had the right to choose to credit one
physician over another and/or to accept portions of
those opinions as worthy of greater credibility.’’9 The
9
We note that the plaintiff argues that Lewis’ testimony should be dis-
counted because she misquoted one of the decedent’s suicide notes. Specifi-
cally, Lewis testified: ‘‘So, here he writes, I can’t relax, I feel like I’m coming
out of my skin.’’ (Internal quotation marks omitted.) Lewis’ reference to
the suicide note was in the context of her testimony that the decedent’s
psychiatric medications had been ‘‘abruptly’’ changed by Jones, and that
the decedent’s symptoms, as described in the note, were consistent with
such a change. The note in question, which was admitted into evidence,
indicates in a handwritten portion that he ‘‘can’t relax,’’ but does not indicate
that he felt like he was ‘‘coming out of [his] skin.’’
The board did not make any determination as to this alleged error, as the
plaintiff concedes in her brief to this court. Although the administrative law
judge repeated this misquoted portion of the note in its conclusions relating
to Lewis, he correctly quoted from the note when he summarized it elsewhere
in his findings. Moreover, even if Lewis’ interpretation of the note, and the
administrative law judge’s finding that repeated that interpretation, was
clearly erroneous, any error was not harmful in light of all the other evidence
that Lewis relied on in rendering her opinions. See, e.g., Circulent, Inc. v.
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board correctly noted that the administrative law judge
did not choose to credit all of Lewis’ opinions, as it
credited Selig’s opinion that the decedent did suffer
from work-related post-traumatic stress disorder,
rather than Lewis’ opinion that he did not. See, e.g.,
State v. LeRoya M., 340 Conn. 590, 615, 264 A.3d 983
(2021) (‘‘[t]he [fact finder] is free to accept or reject
each expert’s opinion in whole or in part’’ (internal
quotation marks omitted)). Contrary to the board’s
determination, however, it was not necessarily inconsis-
tent for the administrative law judge to find that,
although the decedent had post-traumatic stress disor-
der, that disorder did not cause the decedent’s suicide.
That finding was based on the administrative law
judge’s decision to credit Lewis’ opinions on causation.
The administrative law judge noted that Lewis had per-
formed a ‘‘psychiatric autopsy,’’ which is an evaluation
of a deceased person using collateral sources to deter-
mine that person’s state of mind.10 The administrative
law judge found, relying on Lewis’ testimony, that, when
a person has an episode of major depression, they are
50 percent more likely to have a second episode, and,
after two episodes, they are 75 percent more likely to
have a third episode. The administrative law judge
noted Lewis’ opinion that the decedent’s depression
had been an ongoing issue since his young adulthood.
Hatch & Bailey Co., 217 Conn. App. 622, 630, 289 A.3d 609 (2023) (‘‘[When]
. . . some of the facts found [by the fact finder] are clearly erroneous and
others are supported by the evidence, we must examine the clearly erroneous
findings to see whether they were harmless, not only in isolation, but also
taken as a whole. . . . If, when taken as a whole, they undermine appellate
confidence in the [trier’s fact-finding] process, a new hearing is required.’’
(Internal quotation marks omitted.)). Further, Lewis testified correctly that
the decedent wrote that he ‘‘can’t relax anymore,’’ and it has not been
disputed that she was qualified to opine on the import of that statement
on the issue of causation.
10
Selig also referred to his evaluation as a ‘‘psychiatric autopsy.’’ Lewis
testified that a psychiatric autopsy is a tool typically used by fellowship
trained forensic psychiatrists. The administrative law judge found that Lewis,
unlike Selig, was a fellowship trained forensic psychiatrist.
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Ultimately, Lewis opined that ‘‘the major depressive
episode with anxious distress, sleep disturbance and
the management of [the decedent’s] medications were
a substantial contributing factor in [the decedent’s]
death.’’ The plaintiff offered contrary evidence by pre-
senting her own experts, Selig and Grant-Hall, both of
whom had opined that the decedent’s work-related
post-traumatic stress disorder caused his suicide. The
administrative law judge, however, in the face of such
conflicting expert testimony, found Lewis’ opinions on
causation to be credible and persuasive. In so doing,
the administrative law judge specifically cited to Lewis’
credentials as a board-certified forensic psychiatrist.11
Once the experts’ reports and testimony were admitted
into evidence, the administrative law judge was ‘‘enti-
tled to determine the weight to give that evidence.’’
Story v. Woodbury, 159 Conn. App. 631, 647, 124 A.3d
907 (2015).
Moreover, ‘‘it is proper to consider medical evidence
along with all other evidence to determine whether an
injury is related to the employment.’’ (Emphasis omit-
ted; internal quotation marks omitted.) Id. In the present
case, the record before the administrative law judge
contained other evidence that supported Lewis’ conclu-
sions. As the plaintiff stated in her brief to this court,
by the time of the January, 2013 fire, the ‘‘undisputed
evidence [was] that [the decedent] was severely trou-
bled’’ and had been diagnosed with depression and anxi-
ety, as well as panic disorder. These diagnoses appear
11
With respect to the credentials of the medical expert witnesses, the
administrative law judge found that Grant-Hall holds a doctoral degree in
clinical psychology, and that Selig is a psychiatrist. The administrative law
judge found that neither Grant-Hall nor Selig was a board-certified forensic
psychiatrist. The administrative law judge further noted that Grant-Hall
acknowledged that she was unable to opine concerning the decedent’s
medications. The administrative law judge further noted that, although
Grant-Hall described herself as an ‘‘acute long-term trauma specialist,’’ that
is not a subspecialty recognized by the American Psychological Association.
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in the decedent’s medical records from Jones, and the
administrative law judge referred to those records in
his findings. The administrative law judge also referred
to Kurker’s records, which document the decedent’s
preexisting history of anxiety and depression over
many years.
To be sure, the administrative law judge noted that
the decedent’s medical records revealed his complaints
to Jones that his job as a police officer caused him
significant stress. Jones testified that he believed the
decedent’s work contributed to his symptoms of panic
disorder, but he could not opine on the nature of the
decedent’s suicide. Moreover, the plaintiff testified at
length before the administrative law judge regarding
the traumas that the decedent had been exposed to as
a police officer. This evidence is consistent with the
administrative law judge’s finding that the decedent
suffered from work-related post-traumatic stress disor-
der. The decedent indicated in one suicide note that,
every time he thinks about work, he becomes anxious;
in another note, however, he revealed that he had strug-
gled with depression for ‘‘most of [his] early life,’’ and
that, ‘‘when the depression hit this time I knew it was
different.’’ The administrative law judge was entitled to
find that the weight of the evidence demonstrated that
the decedent’s underlying depression, rather than his
post-traumatic stress disorder, caused his death.
Although we agree with the plaintiff that the act
should be interpreted to effectuate its remedial purpose
to promote compensability, the plaintiff still must meet
the essential elements of her claim. As we have pre-
viously explained, ‘‘[t]he determination of whether an
injury arose out of and in the course of employment is
a question of fact for the [administrative law judge].
. . . The purpose of the [workers’] compensation stat-
ute is to compensate the worker for injuries arising out
of and in the course of employment, without regard
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Buchanan v. East Hartford

to fault, by imposing a form of strict liability on the
employer. . . . A[n] [administrative law judge] may
exercise jurisdiction to hear a claim only under the
precise circumstances and in the manner particularly
prescribed by the enabling legislation. . . . The [act]
is not triggered by a claimant until he brings himself
within its statutory ambit. . . . Although the [act]
should be broadly construed to accomplish its humani-
tarian purpose . . . its remedial purpose cannot tran-
scend its statutorily defined jurisdictional boundaries.’’
(Citation omitted; internal quotation marks omitted.)
Kuehl v. Koskoff, 182 Conn. App. 505, 524, 190 A.3d 82,
cert. denied, 330 Conn. 919, 194 A.3d 289 (2018).
On the basis of the foregoing, we conclude that the
board improperly substituted its judgment on causation
for that of the administrative law judge.
II
We next address the plaintiff’s claim that the board’s
decision may be affirmed on the alternative ground
that the decedent suffered a physical injury during the
January, 2013 fire that aggravated a preexisting mental
health condition, which, in turn, caused him to die by
suicide. See footnote 8 of this opinion. The defendant
counters that the administrative law judge properly
rejected the plaintiff’s theory of proximate causation
in the present case. We agree with the defendant.
In support of this alternative ground for affirmance,
the plaintiff relies on Biasetti v. Stamford, 123 Conn.
App. 372, 383 n.6, 1 A.3d 1231, cert. denied, 298 Conn.
929, 5 A.3d 489 (2010), in which this court stated that the
‘‘exacerbation of [a] preexisting disorder may qualify
as a compensable mental impairment under the act,
provided the exacerbation arose from a physical injury
or occupational disease.’’ In Biasetti, however, we
declined to address the plaintiff’s claim that the work-
ers’ compensation commissioner improperly failed to
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conclude that his preexisting post-traumatic stress dis-
order was compensable because the workers’ compen-
sation commissioner did not make any findings regard-
ing any alleged exacerbation of that preexisting
condition. Id.
In the present case, the administrative law judge
explicitly found that, although the decedent did suffer
a physical injury on January 15, 2013, ‘‘the opinion of
[Lewis] [was] credible and persuasive that [the dece-
dent] did not suffer a physical injury on January 15,
2013, that aggravated his underlying mental health
condition which then caused him to take his own life.’’
(Emphasis added.) This finding was supported by com-
petent evidence and was not clearly erroneous.
The administrative law judge relied on Lewis’ testi-
mony in finding that, on the night of the January, 2013
fire, the decedent was suffering from side effects of his
antidepressant medication. Lewis relied on not only
the decedent’s medical records that showed the recent
changes in his medications but also on Officer Cara-
ballo’s deposition testimony that he spoke to the dece-
dent at the scene of the January, 2013 fire, and the
decedent mentioned his doctor increasing his medica-
tions. Although the plaintiff argues that Lewis conceded
that the decedent had suffered smoke inhalation during
the January, 2013 fire, Lewis did not make a causal
connection between the decedent’s smoke inhalation
and the aggravation of his prior mental impairments.
Rather, Lewis testified: ‘‘[I]t’s the medication side
effects, standing there, feeling lousy and . . . in my
opinion, it’s not smoke inhalation or seeing people, it’s
feeling . . . physically awful, not being able to perform
on your job at a fire when you have a major depression
and [are] melting down.’’ (Emphasis added.) Lewis’ tes-
timony regarding the side effects of the decedent’s med-
ications was consistent with her report, which the
administrative law judge also relied on in finding that
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30 ,0 0 Conn. App. 1
Buchanan v. East Hartford

‘‘[a] variety of variables . . . exacerbated [the dece-
dent’s] depression including . . . chronic back pain
and the initiation of the medication Metoprolol, which
can worsen depressive/anxiety symptoms and the initia-
tion of Effexor, which can exacerbate anxiety and the
use of an opiate for pain.’’
The plaintiff has pointed to the contrary expert testi-
mony from Selig and Grant-Hall that the January, 2013
fire, including the decedent’s smoke inhalation, aggra-
vated his mental health conditions and were substantial
factors in his suicide. Specifically, she relies on Selig’s
testimony that the decedent experienced ‘‘direct harm’’
from smoke inhalation and that the fire was, essentially,
the ‘‘straw that broke the camel’s back’’ and was a
substantial factor in his suicide. As previously stated,
however, Lewis testified that the January, 2013 fire
aggravated his underlying depression but that aggrava-
tion did not stem from the physical injury of smoke
inhalation but, rather, from the decedent’s ‘‘inability to
perform because of medication side effects . . . .’’
As previously stated, the administrative law judge
was entitled to credit Lewis’ opinions in making his
findings, which were based on the evidence, and we are
‘‘compelled to defer to those findings.’’ Hart v. Federal
Express Corp., 321 Conn. 1, 23, 135 A.3d 38 (2016); see
also, e.g., Marandino v. Prometheus Pharmacy, 294
Conn. 564, 594, 986 A.2d 1023 (2010). A finding reached
by an administrative law judge by ‘‘comparison and
examination of conflicting professional opinion . . .
can rarely be found erroneous.’’ (Internal quotation
marks omitted.) Hart v. Federal Express Corp., supra,
28; see also, e.g., Hummel v. Marten Transport, Ltd.,
114 Conn. App. 822, 845–46, 970 A.2d 834 (concluding
that evidence supported workers’ compensation com-
missioner’s findings relating to causation), cert. denied,
293 Conn. 907, 978 A.2d 1109 (2009).
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0 Conn. App. 1 ,0 31
Buchanan v. East Hartford

In sum, the administrative law judge in the present
case was faced with conflicting evidence on the ques-
tion of causation. The administrative law judge compre-
hensively summarized the evidence presented, weighed
that evidence, and made appropriate credibility deter-
minations in making its factual findings on the essential
issues in the case. The question of proximate causation
‘‘is essentially a factual issue. . . . It becomes a conclu-
sion of law only when the mind of a fair and reasonable
[person] could reach only one conclusion; if there is
room for a reasonable disagreement the question is
one to be determined by the trier as a matter of fact.’’
(Internal quotation marks omitted.) Sapko v. State, 305
Conn. 360, 373, 44 A.3d 827 (2012). Thus, even if, as in
the present case, reasonable minds may disagree as to
whether the plaintiff established proximate cause, we
will not disturb the administrative law judge’s finding
even if we might have reached a different conclusion
if we were the trier of fact. See, e.g., id., 392. It is
not the role of the board or this court to disturb the
administrative law judge’s credibility determinations
when those determinations are supported by evidence
in the record. See Orzech v. Giacco Oil Co., supra, 208
Conn. App. 281–82.
The decision of the Compensation Review Board is
reversed and the case is remanded to the board with
direction to affirm the decision of the administrative
law judge.
In this opinion the other judges concurred.