THESE ANNOTATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY
Full texts of opinions, statutes and court decisions should be consulted and all citations and references fully researched by the reader.
The Annotations to Compensation Review Board Opinions are presented “as is” and the Commission makes no warranties as to the suitability of this information for any given purpose.
Please note also that Annotations change periodically due to several factors including, but not limited to, Appellate and Supreme Court decisions issued in workers’ compensation cases.
Bergin v. State/Department of Correction, 4200 CRB-8-00-3 (August 23, 2001), aff’d, 75 Conn. App. 591 (2003), cert. denied, 264 Conn. 903 (2003).
Claimant (dependent widow) filed a Motion to Reopen in which she claimed that the trier decided only her § 5-145a claim but failed to decide her Chapter 568 claim. Board explained standard for a hypertension/heart attack claim under Chapter 568 as opposed to a § 5-145a claim, and held that trier properly dismissed both claims. Here, heart attack occurred after the decedent retired, and although there was evidence that the hypertension caused the heart attack, there was no medical evidence that the hypertension was caused by the employment. See also, Bergin, § 31-301. Appeal procedure, and § 31-315.
Horn v. State/Dept. of Correction, 4177 CRB-3-00-1 (February 22, 2001).
CRB confirmed that statutory presumption of compensability is rebuttable, though doctrine of law of case would have permitted panel to simply rely on earlier Horn CRB opinion. Instead, panel clarified that evidence must be deemed credible in order to rebut statutory presumption, and explained its reasoning regarding constitutional invalidity of irrebuttable presumptions. See also, Horn, § 31-301. Factual findings. Prior decision at Horn, 3727 CRB-3-97-11 (December 16, 1998), infra, and § 31-294c.
Salmeri v. State/Dept. of Public Safety, 4066 CRB-5-99-6 (August 9, 2000), aff’d, 70 Conn. App. 321 (2002).
CRB affirmed trier’s decision that claimant’s workplace attack of atrial fibrillation established heart disease within § 5-145a, though no organic damage to heart was visible. Abnormality of heart rhythm can also be a disease. Trier was entitled to rely on doctor’s testimony that the compensable arrhythmic attack made the claimant more susceptible to further attacks in the future, thus permanently aggravating the pre-existing condition and entitling the claimant to 10% permanent partial impairment award.
Capra v. State/Dept. of Correction, 3791 CRB-4-98-4 (April 27, 1999).
Trier found that claimant was diagnosed with mild hypertension, but removed self from employment without medical reports establishing that ailment as the basis of his decision to leave work. Allegation of total disability dismissed, as claimant did not meet burden of proof that workplace incidents caused increased stress, and trier rejected medical opinions connecting hypertension with claimant’s post-traumatic stress disorder. CRB affirmed. Doctor’s testimony offered by respondent constituted competent evidence, and statutory presumption of compensability was overridden. Presumption must be rebuttable in order to remain constitutional. See also, Capra, § 31-298, § 31-301. Appeal procedure.
Horn v. State/Dept. of Correction, 3727 CRB-3-97-11 (December 16, 1998).
Statute grants rebuttable presumption of compensability. Trier cited in findings doctor’s report that attributed causation to factors outside workplace, but did not mention it in his conclusions. Meanwhile, trier also found claimant’s description of workplace stress not credible. CRB remanded case for further findings, as rebuttable presumption was not sufficiently addressed. See also, Horn, § 31-294c. Subsequent decision at Horn, 4177 CRB-3-00-1 (February 22, 2001), supra, § 31-301. Factual findings.
Grant v. State/Dept. of Correction, 11 Conn. Workers’ Comp. Rev. Op. 93, 1265 CRD-5-91-8 (May 14, 1993).
Claim for benefits due to hypertension and a cerebrovascular accident (stroke) denied where evidence clearly rebutted presumption provided in § 5-142a. Claimant sought to introduce into evidence results of a preemployment physical exam as the results of this exam were not available for introduction in the proceedings below. CRB held even if claimant had the opportunity to present said evidence the issue is moot as evidence and findings clearly indicate respondents overcame statute’s rebuttable presumption. See, DiBenedetto v. State, 9 Conn. Workers’ Comp. Rev. Op. 1, 862 CRD-6-89-5 (January 3, 1991), infra.
DiBenedetto v. State/University of Connecticut Health Center, 9 Conn. Workers’ Comp. Rev. Op. 1, 862 CRD-6-89-5 (January 3, 1991).
Compensability is established on a prima facie case basis if the employer offers no evidence to contest. Employee receives full pay for first three months, after that all provisions of Chapter 568 apply.