Tovish v. Gerber Electronics

I do not agree with the majority that the decedent’s death occurred in the course of and arising out of his employment. The specific issue is whether the decedent had commenced work for his employer when he was shoveling his driveway. In its affirmance, the majority stresses deference to the facts as found by the commissioner. While I agree *609that the commissioner has the power and duty to determine the facts, it is fundamental that “the conclusions drawn by the commissioner cannot stand when they result from an incorrect application of the law.” Kinney v. State, 213 Conn. 54, 59, 566 A.2d 670…