CRB Case Annotations re: Sections 7-433a, 7-433b & 7-433c

CRB affirmed the trier’s conclusion that the claimant did not suffer from hypertension, and thus denied his claim for hypertension benefits under § 7-433c. Determination of whether several high blood pressure readings and being prescribed blood pressure medication constitutes high blood pressure is a factual issue for the trier.

CRB affirmed trier’s finding that claimant’s consistently high blood pressure readings from 1988-1990 constituted symptoms of hypertension under the circumstances of the case, making 1998 notice of claim untimely.

CRB discussed proper means of calculating § 7-433b(b) cap on compensation, and held that retired Stamford patrol officer’s cap should be based upon salaries of patrol officers at same pay step that claimant was at when he retired. See, Demarest, § 31-278.

CRB affirmed the trial commissioner’s dismissal of the claimant’s § 7-433c claim where the claimant’s pre-employment physical examination revealed moderate hypertension. In support of his appeal, the claimant argued that the medical community’s 1976 standard (when the pre-employment physical was performed) did not presume that a 140/86 blood pressure reading indicated hypertension. The trial commissioner fully addressed this issue in his decision, specifically finding that an expert medical witness opined that it was medically reasonable for the claimant’s 140/86 reading to be considered hypertensive in 1976. Moreover, the physician who performed the pre-employment physical indicated on the pre-employment report that the claimant had “mod. hypertension.” Prior decision in Hyatt, 3646 CRB-3-97-7 (August 28, 1998), aff’d, 57 Conn. App. 472 (2000), infra.

Medical evidence supported trial commissioner’s finding that claimant’s 1984 high blood pressure reading was a transitory symptom related to illness, and fact that medication was provided to treat that condition did not trigger the claimant’s obligation to file a claim for hypertension benefits.

Trier awarded claimant (dependent widow) benefits under § 7-433c, but held that employer was entitled to a credit for payments made to her under its pension plan. In support of her appeal, claimant contended that she is entitled to receive both workers’ compensation benefits and pension benefits without any offset, and also contended that trial commissioner did not have jurisdiction to interpret the town’s pension plan contract. Board reaffirmed its holding in Sbona v. Middletown, 3449 CRB-8-96-10 (April 23, 1998), aff’d, 55 Conn. App. 906 (1999)(per curiam) as follows: “Whether a municipal employees’s pension plan may be reduced due to receipt of workers’ compensation benefits is an issue for a superior court to determine.” Discussion regarding legislative history and proposed (but rejected) legislation which would have allowed reduction of heart and hypertension benefits due to receipt of pension benefits.

Auger v. Stratford, 3944 CRB-4-98-12 (January 14, 2000), rev’d, 64 Conn. App. 75 (2001).

See Auger, § 31-284b, § 31-300; also cited at § 31-296 Voluntary agreements (discontinuance of payments).

Pernacchio v. New Haven, 3911 CRB-3-98-10 (September 27, 1999), aff’d, 63 Conn. App. 570 (2001).

CRB affirmed conclusion that claimant provided timely notice of hypertension claim pursuant to § 31-294c. See also Pernacchio, § 31-294c.

Krevis v. Bridgeport, 3857 CRB-4-98-7 (August 18, 1999), aff’d, 63 Conn. App. 328 (2001).

Relying primarily on the interpretation of Marone v. Waterbury, 244 Conn. 1 (1998), in Czujak v. Bridgeport, 3535 CRB-4-97-2 (June 10, 1998), CRB affirmed trier’s ruling that claimant was not entitled to a retroactive or prospective adjustment to his § 7-433b(b) cap. That issue had been settled in 1989, and was not appealed. See also, Krevis, § 31-301. Appeal procedure, § 31-301. Factual findings, § 31-307.

CRB affirmed trier’s dismissal of claim. Two “mildly elevated” blood pressure readings at time of physical examination were evidence of hypertension, as was Acknowledgment of Physical Defect form listing “mild elevation of blood pressure” as defect.

Kelly v. Bridgeport, 3761 CRB-4-98-1 (March 11, 1999), rev’d, 61 Conn. App. 9 (2000), cert. denied, 255 Conn. 933 (2001).

See, Kelly, § 31-284b. Also cited at § 31-275(4).

See, Graves, § 31-296 Voluntary agreements (approval of).

No error in finding that claimant did not receive medical treatment for hypertension before his January 4, 1996 heart attack. Doctor attributed mildly high blood pressure readings to momentary stress, and trier was not required to interpret a 140/90 reading as hypertensive. Evidence supported finding that claimant was not informed of hypertension or treated for such a condition in past. Also, even assuming that doctor placed claimant on low-salt diet, that would not necessarily be medical treatment under § 31-294c. See also, King, § 31-284(a); cited at § 31-294c.

Hyatt v. Milford, 3646 CRB-3-97-7 (August 28, 1998), aff’d, 57 Conn. App. 472 (2000), cert. denied, 254 Conn. 901 (2000).

Claimant filed a Form 30C that, on its face, would have been satisfactory for either a § 7-433 claim or a Chapter 568 claim. He then agreed to an award of § 7-433c benefits. Due to the effects of the § 7-433b(b) cap, the claimant received far less for his specific indemnity award than he would have under Chapter 568. He filed a lawsuit against his employer, which the courts dismissed on the ground that the claimant had failed to exhaust his administrative remedies. See, Hyatt v. City of Milford, 26 Conn. App. 194 (1991), aff’d, 224 Conn. 441 (1993). The claimant then filed with this Commission a motion to reopen the original award, which the trial commissioner denied, stating that the claimant had elected to receive benefits under § 7-433c. CRB affirmed that decision. The principle of election applies here, as a contrary result would leave otherwise settled claims open indefinitely. The claimant did not have the right to proceed under Chapter 568 without first reopening the claim under § 31-315. As for the denial of the motion to reopen, the claimant did not allege a valid ground for reopening the award, and the commissioner did not abuse his discretion. See also, Hyatt, § 31-315.

See, Demello, § 31-294c.

Gillette v. Monroe, 3500 CRB-4-97-1 (July 13, 1998), rev’d, 56 Conn. App. 235 (1999), cert. denied, 252 Conn. 932 (2000).

Claimant had surgery at age eight for coarcted descending aorta. Eighteen years later, he joined the Monroe police force. The police surgeon who examined him had also been the claimant’s personal physician since childhood. He stated in a letter that the claimant was in good condition, without elaborating in any way on the claimant’s examination results. In 1994, the claimant developed a heart problem as a result of the aortic valve problem. He also developed hypertension. The trier found that the doctor and claimant both knew of his pre-existing heart disease when he was hired as a police officer, and dismissed the claim for § 7-433c benefits. CRB affirmed trier’s decision. Section 7-433c was not in effect on date of examination, and trier had reason to believe that the claimant’s doctor would have noted a congenital heart defect in his examination had he known it was necessary to provide a thorough description of the claimant’s physical condition. Trier was not limited to language of two-sentence “yes or no” letter under circumstances of this case. (Metro, C., dissenting) Trier can not look beyond pre-employment examination itself in deciding whether claimant had heart disease at the time he was hired. His successful passage of the examination should be determinative. Reversed and remanded by Appellate Court, which ruled that the trial commissioner should not have considered information beyond that in the plaintiff’s pre-employment physical examination report. Although § 7-433c was not in effect at time of examination, a similar predecessor was, and the town was on notice that the existence of symptoms of heart disease or hypertension had possible future ramifications.

Czujak v. Bridgeport, 3535 CRB-4-97-2 (June 10, 1998), aff’d, 55 Conn. App. 789 (1999), cert. denied, 252 Conn. 920 (2000).

Claimant’s award was issued in 1984. The trial commissioner ruled that the claimant should have his § 7-433b(b) cap adjusted retroactive to date of Supreme Court’s decision in Szudora v. Fairfield, 214 Conn. 552 (1990), thus including overtime pay in that cap. Commissioner also awarded attorney’s fee and interest for undue delay. CRB reversed. Supreme Court decision in Marone v. Waterbury, 244 Conn. 1 (1998), holds that an award may not be modified under § 31-315 because of a mistake of law once a final judgment has been rendered. Commissioner’s decision to adjust cap from date of Szudora decision forward must be reversed, along with award of fees and interest. CRB also noted, however, that claimant was entitled to COLAs under § 31-307a since his disability commenced. Case remanded. See also, Czujak, § 31-300, § 31-301. Appeal procedure, § 31-307a, § 31-315.

Sbona v. Middletown, 3449 CRB-8-96-10 (April 23, 1998), aff’d, 55 Conn. App. 906 (1999)(per curiam).

Whether a municipal employee’s pension plan may be reduced due to receipt of workers’ compensation benefits is an issue for a trial court to determine. The employer is obligated to pay the claimant the full workers’ compensation benefits, and the employer may pursue the reduction of the pension benefits in another forum.

See, O’Neill, § 31-284b.

Trier did not err by finding that claimant suffered from hypertension. No requirement exists that the claimant be treated with medication for symptoms of hypertension in order for a compensable injury to have occurred. Doctor’s reports detailing high readings of diastolic blood pressure supported the trier’s conclusions.

Liano v. Bridgeport, 3447 CRB-4-96-10 (January 6, 1998), aff’d, 51 Conn. App. 905 (1999)(per curiam), cert. denied, 248 Conn. 907 (1999).

The CRB affirmed the trial commissioner’s determination that the claimant was no longer temporarily totally disabled and that the respondents were entitled to a credit for said payments. The CRB dismissed the claimant’s contention that because his claim was made under § 7-433c that therefore the Workers’ Compensation Act (including the procedure for filing a Form 36 and the burden of proof regarding temporary total disability benefits) did not apply to his claim. Claims made under § 7-433c are indeed governed by the procedures contained in the Workers’ Compensation Act. Subsequent decision at Liano, 3561 CRB-4-97-3 (June 3, 1998), rev’d in part, 55 Conn. App. 75 (1999), cert. denied, 252 Conn. 909 (1999), § 31-300; prior decisions at Liano, 3299 CRB-4-95-10 (March 25, 1997), § 31-294c, § 31-297, § 31-301. Factual findings; Liano, 3199 CRB-4-95-10 (March 25, 1997), § 31-279-3, § 31-298, § 31-307; Liano, 14 Conn. Workers’ Comp. Rev. Op. 201, 2033 CRB-4-94-5 (July 25, 1995), appeal and cross appeal dismissed, lack of final judgment, A.C. 15082 (June 6, 1996), cert. denied, 238 Conn. 906 (1996), infra and at § 31-300, § 31-310.

No error in commissioner’s finding that claimant timely notified respondent of hypertension claim. No uncontradicted diagnosis of hypertension was made prior to 1993. Blood pressure reading of 140/85 or 140/90 is not a bright hypertension line under Connecticut law, even if some doctors consider it mildly hypertensive. Claimants who are close to the borderline must be evaluated by a doctor based on all factors. See also, Leary, § 31-298.

Commissioner erred in dismissing claims for heart attack and stroke. Claim submitted in 1973 for claimant’s first heart attack was not shown to be somehow limited to Chapter 568 claim rather than § 7-433c claim; pursuant to Collins v. West Haven, 210 Conn. 423 (1989), a claimant is not specifically required to refer to heart and hypertension statute in notice of claim for benefits. Commissioner must presume notice legally sufficient; case remanded.

Marone v. Waterbury, 3117 CRB-5-95-7 (January 10, 1997), aff’d, 244 Conn. 1 (1998).

Claimant retired because of hypertension in 1982, and was awarded benefits in 1983. Overtime earnings were not included in claimant’s benefit rate. In 1990, the Supreme Court decided Szudora v. Fairfield, 214 Conn. 552, ruling that overtime pay should be included in “weekly compensation.” Respondent adjusted claimant’s benefit cap in September 1993 to include overtime, and paid him overtime retroactive to April 17, 1990, the date of the Supreme Court decision. Claimant now seeks overtime not paid between 1982 and 1990. CRB affirmed trial commissioner’s rejection of that claim. Commissioner properly applied test in Chevron Oil v. Huson, 404 U.S. 97 (1971), to determine that retrospective application of Szudora was inadvisable; key factor was burdensome financial impact on towns and state taxpayers. Moreover, claimant did not appeal 1983 decision on benefit rate, so case had become final; our legal system does not contemplate resurrection of long-settled cases as a corollary to principle that judicial decisions generally apply retroactively. Supreme Court affirmance not based on financial impact factor. Instead, Court held that, as case was not pending when Szudora was decided, the award was final and recalculation was inappropriate. Modification unavailable under § 31-315 for subsequent changes of law, such as the Szudora decision. See also, Marone, § 31-315.

McNerney v. New Haven, 15 Conn. Workers’ Comp. Rev. Op. 330, 2098 CRB-3-94-7 (June 25, 1996).

CRB affirmed the trial commissioner’s determination that the claimant’s notice of claim was timely. Although the claimant had previously been suffering from hypertension, it was “cured” and his subsequent hypertension constituted a new injury in March of 1991.

Riccio v. Windsor, 15 Conn. Workers’ Comp. Rev. Op. 279, 2232 CRB-1-94-12 (June 20, 1996).

The commissioner found that the claimant, a police officer, failed to give notice of his claim for heart and hypertension benefits as required by § 31-294c C.G.S., and therefore dismissed the claim. CRB noted that the Appellate Court recently held that a § 7-433c hypertension claim is not presumed to be an occupational disease. Zaleta v. Fairfield, 38 Conn. App. 1, 7 (1995). The commissioner specifically found that the employer-provided routine medical examination, along with a referral for an echocardiogram, did not constitute the furnishing of medical treatment so as to obviate the need for filing a proper notice of claim. See also, Riccio, § 31-294c.

Riccitelli v. New Haven, 15 Conn. Workers’ Comp. Rev. Op. 138, 2090 CRB-3-94-7 (January 18, 1996), aff’d, 44 Conn. App. 903 (1997)(per curiam).

Claimant was a firefighter for the respondent town, who alleged that he suffered hypertension pursuant to § 7-433c. CRB affirmed the trial commissioner’s determination that the notice of claim was late, as the statute of limitation began running as of the date claimant was taking prescription medication under his physician’s direction for the treatment of hypertension. The Appellate Court held that a § 7-433c hypertension claim is not presumed to be an occupational disease. Zaleta v. Fairfield, 38 Conn. App. 1, 7 (1995), cert. denied, 234 Conn. 917 (1995). As there was no evidence presented that the claimant’s hypertension constituted an occupational disease, nor even any evidence that it was causally related to his employment, the one-year limit applied.

Liano v. Bridgeport, 14 Conn. Workers’ Comp. Rev. Op. 201, 2033 CRB-4-94-5 (July 25, 1995), appeal and cross appeal dismissed, lack of final judgment, A.C. 15082 (June 6, 1996), cert. denied, 238 Conn. 906 (1996).

Fitzgerald, infra, followed regarding inclusion of “outside overtime” in § 7-433b(b) cap. Also, CRB held that Mulligan, 231 Conn. 529 (1994), applies to § 7-433c cases. The CRB affirmed the trial commissioner’s determination that the claimant’s benefit rate should include both ‘inside’ and ‘outside’ overtime pursuant to Szudora v. Fairfield, 214 Conn. 552 (1990) for 1990 onward, but was not entitled to an adjustment in his benefit rate from 1983 to 1990 because he failed to present sufficient evidence regarding overtime for that time period.

These issues were addressed by the Appellate Court in Liano v. Bridgeport, 3561 CRB-4-97-3 (June 3, 1998), rev’d in part, 55 Conn. App. 75 (1999), cert. denied, 252 Conn. 909 (1999). The Appellate Court found Marone v. Waterbury, 244 Conn. 1 (1998) to be controlling. The Appellate Court explained that the issue to be decided was whether the claimant (Liano’s) case was pending at the time that Szudora was decided by the Supreme Court, and that if it was not pending, then the only way to modify it would be via § 31-315. The Appellate Court held that Liano’s case was not pending when Szudora was issued, because none of the parties had appealed from the trial commissioners’ decisions issued in 1983, 1986, and 1988.

Next, the Appellate Court concluded that the trial commissioner’s decision, which had become final due to lack of an appeal, was not subject to modification based upon a change in legal interpretation (in this case, the Szudora decision) pursuant to § 31-315, citing Marone, supra. The court explained the limits of § 31-315. The court thus reversed the CRB’s decision which allowed the claimant to include overtime wages in the computation of the § 7-433b(b) cap for 1990 onward. See, Liano, § 31-300, § 31-310. Subsequent decisions at Liano, 3561 CRB-4-97-3 (June 3, 1998), rev’d in part, 55 Conn. App. 75 (1999), cert. denied, 252 Conn. 909 (1999), § 31-300; Liano, 3447 CRB-4-96-10 (January 6, 1998), aff’d, 51 Conn. App. 905 (per curiam), cert. denied, 248 Conn. 907 (1999), § 7-433c; Liano, 3299 CRB-4-95-10 (March 25, 1997), § 31-294c, § 31-297, § 31-301. Factual findings; Liano, 3199 CRB-4-95-10 (March 25, 1997), § 31-279-3, § 31-298, § 31-307.

Fitzgerald v. Bridgeport, 14 Conn. Workers’ Comp. Rev. Op. 198, 2121 CRB-4-94-8 (July 21, 1995).

Claimant correctly argued that city owed him additional benefits based on failure to include “outside overtime” earned by active police officers in § 7-433b(b) cap on weekly payments. Szudora v. Fairfield, 214 Conn. 552 (1990), controls; commissioner affirmed.

Carriero v. Naugatuck, 14 Conn. Workers’ Comp. Rev. Op. 98, 1690 CRB-5-93-4 (May 26, 1995), aff’d, 43 Conn. App. 773 (1996), rev’d, 243 Conn. 747 (1998).

CRB held that cap under § 7-433b(b) inapplicable to claimant’s retirement pension based solely on length of service. Claimant was not receiving retirement pension under § 7-433c as a result of death or disability, and was not receiving pension from the city or state. Purpose of cap discussed. Reversed by Supreme Court, which held that the § 7-433b(b) cap provision applies to cumulative payments of disability and retirement benefits where, as here, any portion of those payments has been awarded under § 7-433c.

Fortin v. Naugatuck, 14 Conn. Workers’ Comp. Rev. Op. 48, 1898 CRB-5-93-11 (May 4, 1995).

Commissioner properly awarded benefits under § 7-433c where police officer suffered from hypertension after having successfully passed a physical exam when hired. The only issue which the employer raises on appeal is the contention that the claimant’s hypertension did not constitute a disability because it was controlled by medications and did not cause him to miss any time from work. CRB affirmed award, noting that claimant’s hypertension required medical care and prescription drugs.

Zaleta v. Fairfield, 12 Conn. Workers’ Comp. Rev. Op. 125, 1453 CRB-4-92-7 (February 28, 1994), rev’d, 38 Conn. App. 1 (1995), cert. denied, 234 Conn. 917 (1995).

CRB held hypertension is an occupational disease governed by a three-year limitation period for filing a claim. Court reversed CRB’s conclusion that hypertension was presumptively an occupational disease based upon language of § 7-433c. Court held claimant failed to produce evidence that hypertension was an occupational disease, therefore three-year statute of limitation did not apply. See also, Zaleta, § 31-294c.

McNulty v. Stamford, 12 Conn. Workers’ Comp. Rev. Op. 32, 1332 CRD-7-91-10 (January 26, 1994), rev’d, 37 Conn. App. 835 (1995).

Claim for benefits pursuant to § 7-433c entitles claimant to receive compensation and medical care in the same amount and same manner as provided in Chapter 568. Therefore, dependent widow was entitled to cost of living adjustments and the second injury fund was liable for reimbursement to the employer pursuant to § 31-354. Appellate Court reversed CRB and held § 7-433c is separate and distinct from the Workers’ Compensation Act (Chapter 568). § 7-433c does not reference the Fund, and clearly limits the source of benefits to be paid by only the municipal employer. Therefore, the Fund cannot be liable for COLAs or any other payments made pursuant to § 7-433c. See also, McNulty, § 31-301. Appeal procedure, § 31-301-9. Additional evidence, § 31-306. Dependents compensation.

Cooper v. Seymour, 11 Conn. Workers’ Comp. Rev. Op. 274, 1336 CRD-5-91-11 (November 19, 1993).

Dependent widow’s claim for § 7-433c benefits denied where pre-employment physical exam revealed an elevated systolic pressure. Trier concluded there was disqualifying evidence of hypertension even though physician who performed the exam concluded the elevated blood pressure reading was not significant in light of other blood pressure readings. CRB affirmed trier’s finding as medical evidence provided a sufficient basis to conclude there was some evidence of hypertension in the pre-employment physical examination. See also, Cooper, § 31-301-9. Additional evidence.

Romanski v. West Hartford, 10 Conn. Workers’ Comp. Rev. Op. 253, 1222 CRD-1-91-4 (January 13, 1993), aff’d, 34 Conn. App. 307 (1994).

Once claimant is eligible for § 7-433c benefits, he is entitled to benefits identical to those available under Chapter 568, including any under § 31-308(d). See also, Romanski, § 31-308(d) Now § 31-308(c).

Paccadolmi v. Newtown, 10 Conn. Workers’ Comp. Rev. Op. 116, 1270 CRD-4-91-8 (May 13, 1992).

CRB affirmed trier’s finding claimant knew or should have known he had heart disease as early as 1985 when medical treatment was rendered. Claim filed in 1989 does not meet § 31-294’s statutory limitations.

Murach v. New Britain, 10 Conn. Workers’ Comp. Rev. Op. 89, 1172 CRD-6-91-2 (April 20, 1992).

CRB reversed trier’s finding awarding claimant § 7-433c benefits. Trier found 1988 notice of claim timely as hypertension was controlled by medication from 1978 through claimant’s first manifestation of a symptom, an aortic aneurysm in 1988. CRB found first manifestation was in 1978 as claimant’s condition was then disabling as claimant required medication to continue to work. Therefore, notice in 1988 was untimely filed. See also, Murach, § 31-294c and § 31-301-9. Additional evidence.

Suprenant v. New Britain, 9 Conn. Workers’ Comp. Rev. Op. 250, 1014 CRD-6-90-4 (November 19, 1991), aff’d, 28 Conn. App. 754 (1992).

CRD reversed trier’s finding granting claimant § 7-433c benefits as factual findings revealed there was evidence that claimant had hypertension at the time of his pre-employment physical. A condition precedent to eligibility for § 7-433c benefits is no evidence of hypertension or heart disease at the pre-employment stage. See, Gatewood v. Hartford, 9 Conn. Workers’ Comp. Rev. Op. 220, 1006 CRD-1-90-4 (October 21, 1991) and Horkheimer v. Stratford, 4 Conn. Workers’ Comp. Rev. Op. 139, 163 CRD-4-82 (December 31, 1987).

Gatewood v. Hartford, 9 Conn. Workers’ Comp. Rev. Op. 220, 1006 CRD-1-90-4 (October 21, 1991).

Trier’s finding that fireman’s pre-employment physical revealed evidence of hypertension thereby denying claim for § 7-433c benefits based on evidence. See, Horkheimer v. Stratford, 4 Conn. Workers’ Comp. Rev. Op. 139, 163 CRD-4-82 (December 31, 1987). See also, Gatewood, § 31-301. Appeal procedure.

Crossway v. Newington, 9 Conn. Workers’ Comp. Rev. Op. 167, 978 CRD-6-90-2 (June 28, 1991).

CRD affirmed trier’s finding claimant, a senior canine patrol officer, was not a regular member of the municipality’s police force as the findings are based on sufficient evidence. See also, Crossway, § 31-301. Appeal procedure.

Traylor v. Poquonnock Bridge Fire District, 8 Conn. Workers’ Comp. Rev. Op. 59, 788 CRD-2-88-11 (March 23, 1990).

See, Traylor, § 31-307, § 31-308a.

Deck v. Groton, 8 Conn. Workers’ Comp. Rev. Op. 1, 745 CRD-2-88-6 (December 12, 1989).

See, Deck, § 31-294c.

Bellagamba v. Ridgefield, 7 Conn. Workers’ Comp. Rev. Op. 113, 708 CRD-7-88-3 (November 30, 1989).

Evidence insufficient to support a claim under § 7-433c where claimant suffered no health impairment, disability or economic loss due to claimed hypertension.

Cousins v. Hartford, 7 Conn. Workers’ Comp. Rev. Op. 101, 676 CRD-1-87 (November 8, 1989).

See, Cousins, § 31-294c.

Felia v. Westport, 7 Conn. Workers’ Comp. Rev. Op. 84, 703 CRD-4-88-3 (September 25, 1989), aff’d, 214 Conn. 181 (1990).

Section 7-433c benefits include specific indemnity benefits pursuant to § 31-308(d). Section 7-433c benefits are Chapter 568 benefits for the purpose of calculating benefits due.

Deschnow v. Stamford, 7 Conn. Workers’ Comp. Rev. Op. 86, 706 CRD-7-88-3 (September 25, 1989), aff’d, 214 Conn. 394 (1990).

See, Felia v. Westport, 214 Conn. 181 (1990), 7 Conn. Workers’ Comp. Rev. Op. 84, 703 CRD-4-88-3 (September 25, 1989) and Griffin v. Groton, 5 Conn. Workers’ Comp. Rev. Op. 5, 425 CRD-2-85 (March 23, 1988).

Szudora v. Fairfield, 7 Conn. Workers’ Comp. Rev. Op. 72, 681 CRD-8-88-1 (August 28, 1989), aff’d, 214 Conn. 552 (1990).

Remanded. Method of determining cap pursuant to § 7-433b(b) on compensation benefits allowed under heart/hypertension act is to calculate the average weekly earnings, including overtime, of police officers in similar positions during the compensation period.

Costello v. Fairfield, 7 Conn. Workers’ Comp. Rev. Op. 21, 629 CRD-4-87 (June 30, 1989), aff’d, 214 Conn. 189 (1990).

Section 7-433b salary cap does not apply to specific indemnity benefits paid to an active working police officer receiving full pay.

Antonucci v. Hartford, 5 Conn. Workers’ Comp. Rev. Op. 151, 511 CRD-1-86 (July 29, 1988).

Temporary total benefits may be awarded for period during which claimant was to receive permanent partial benefits pursuant to a voluntary agreement where there was a change in claimant’s physical condition, § 31-315.

Macsata v. Stamford, 5 Conn. Workers’ Comp. Rev. Op. 144, 377 CRD-7-85 (July 22, 1988).

An award for § 7-433c benefits does not require an award for total disability as opposed to permanent partial disability benefits. Matter remanded for finding as to whether disease which preexisted statute’s enactment was worsened after law was in effect.

Connors v. West Haven, 5 Conn. Workers’ Comp. Rev. Op. 89, 477 CRD-3-86 (May 20, 1988).

As claimant’s date of disability clearly preceded the effective date of the Act, the commissioner was without jurisdiction to award benefits. CRD remanded to determine if claim was compensable under law in existence at time of myocardial infarction.

Foley v. New Britain, 5 Conn. Workers’ Comp. Rev. Op. 68, 404 CRD-7-85, Gavin v. New Britain, 5 Conn. Workers’ Comp. Rev. Op. 68, 405 CRD-7-85 (April 28, 1988), no error, 17 Conn. App. 834 (1989)(per curiam).

Trial commissioner found heart attacks suffered by claimants were not causally connected and, therefore, benefits did not lie.

Leppert v. Hartford, 5 Conn. Workers’ Comp. Rev. Op. 58, 408 CRD-1-85 (April 8, 1988), no error, 17 Conn. App. 633 (1989).

Heart and Hypertension Act is substantive and therefore will not be given retroactive application.

Charland v. Hartford, 5 Conn. Workers’ Comp. Rev. Op. 56, 417 CRD-1-85 (April 8, 1988).

Found claimant’s aneurysm was not caused by heart disease or hypertension.

Collins v. West Haven, 5 Conn. Workers’ Comp. Rev. Op. 44 (1988), no error, 210 Conn. 423 (April 7, 1988).

Ruling on a Motion to Reopen is a matter within the trial commissioner’s discretion. Also claimant’s use of Notice of Claim form with language containing term “arising out of and in the course of employment” did not constitute an election of remedies under Chapter 568 when injury was described as “acute myocardial infarction hypertension, heart disease.”

Griffin v. Groton, 5 Conn. Workers’ Comp. Rev. Op. 5, 425 CRD-2-85 (March 23, 1988).

Specific award for 25% loss of use of cardiovascular system permitted under Heart and Hypertension Act.

Horkheimer v. Stratford, 4 Conn. Workers’ Comp. Rev. Op. 139, 163 CRD-4-82 (December 31, 1987).

Trial commissioner erred in awarding benefits where preinduction physical examination showed labile hypertension.

Gimler v. Orange, 4 Conn. Workers’ Comp. Rev. Op. 96, 381 CRD-3-85 (June 12, 1987).

A physical examination given to claimant 9 months prior to entry on municipal police force by an unrelated private employer did not satisfy statute’s elements.

Marino v. West Haven, 4 Conn. Workers’ Comp. Rev. Op. 34, 240 CRD-3-83 (March 16, 1987).

Claimant permitted benefits for cardiac surgery scar.

Bucko v. New London, 3 Conn. Workers’ Comp. Rev. Op. 112, 140 CRD-2-82 (December 5, 1986), no error, 13 Conn. App. 566 (1988).

Claimant was appointed a full-time temporary patrolman during World War II and considered a regular member of paid municipal police department. Employment status was full time and claimant was only subject to release if a returning serviceman reclaimed his position and displaced claimant.

Raucci v. West Haven, 3 Conn. Workers’ Comp. Rev. Op. 94, 233 CRD-3-83 (November 17, 1986).

Trial commissioner properly dismissed municipality’s appeal that no Chapter 568 ruling will be made where claimant has elected to pursue his claim under § 7- 433c.

Murphy v. West Haven, 3 Conn. Workers’ Comp. Rev. Op. 88, 126 CRD-3-82 (November 13, 1986).

CRD will not permit multiple reviews in disputes which are ultimately centered on the burden of liability as between municipalities and insurance companies.

Zimmer v. Meriden, 3 Conn. Workers’ Comp. Rev. Op. 32, 253 CRD-6-83 (February 5, 1986).

Claimant who held position as Director of Traffic Signals in municipal fire department but was hired as a fireman and wore a fire uniform when required, was entitled to benefits under § 7-433c.

Spragg v. West Haven, 2 Conn. Workers’ Comp. Rev. Op. 89, 125 CRD-3-82 (July 27, 1984), no error, 6 Conn. App. 265 (1986), cert. denied, 199 Conn. 805 (1986).

See, Cuccuro, infra.

Cuccuro v. West Haven, 2 Conn. Workers’ Comp. Rev. Op. 87, 103 CRD-3-81 (July 27, 1984), no error, 6 Conn. App. 265 (1986), cert. denied, 199 Conn. 804 (1986).

Election of remedies under § 7-433c or Chapter 568 is up to the claimant, not the municipal employer. See, Spragg v. West Haven, 2 Conn. Workers’ Comp. Rev. Op. 89, no error, 6 Conn. App. 265 (1986), cert. denied, 199 Conn. 805 (1986).

Gallucci v. Waterbury, 2 Conn. Workers’ Comp. Rev. Op. 76, 313 CRD-5-84 (July 24, 1984).

Section 7-433c benefits apply to regular members of municipal police departments which were created by Special Act legislation preceding enactment of Home Rule Act.

Watson v. Bristol, 2 Conn. Workers’ Comp. Rev. Op. 76, 315 CRD-6-84 (July 24, 1984).

See, Gallucci, supra.

Piantedosi v. Bridgeport, 2 Conn. Workers’ Comp. Rev. Op. 45, 254 CRD-4-83 (May 16, 1984).

Section 7-433b(b) maximum ceiling not applicable to disfigurement award after claimant returns to work.

Kelley v. Waterbury, 2 Conn. Workers’ Comp. Rev. Op. 40, 40 CRD-5-80 (November 23, 1983).

While Heart and Hypertension Act cannot be applied retroactively due to substantive nature; where claimant may have been disabled after effective date, case must be remanded for additional fact finding.

Gorman v. Waterbury, 2 Conn. Workers’ Comp. Rev. Op. 17, 39 CRD-5-80 (May 20, 1983), no error, 4 Conn. App. 226 (1985).

Heart and Hypertension Act cannot be applied retroactively due to its substantive nature.

Meaney v. Waterbury, 2 Conn. Workers’ Comp. Rev. Op. 14, 30 CRD-5-80 (May 20, 1983).

Janco v. Fairfield, 1 Conn. Workers’ Comp. Rev. Op. 189, 102 CRD-4-81 (September 13, 1982), rev’d and remanded, 39 Conn. Sup. 403 (1983).

Section 31-294 applicable to § 7-433c claims, thus, furnishing of medical care through group health plan was sufficient notice. Appellate court reversed and remanded.

Gavin v. New Britain, 1 Conn. Workers’ Comp. Rev. Op. 151, 46 CRD-6-81 (August 3, 1982).

Foley v. New Britain, 1 Conn. Workers’ Comp. Rev. Op. 147, 47 CRD-6-81 (August 3, 1982).

Where trial commissioner died prior to ruling on claimant’s Motion to Correct, claimant was entitled to hearing de novo.

Adams v. New Haven, 1 Conn. Workers’ Comp. Rev. Op. 121, 49 CRD-3-81 (March 19, 1982), no error, 39 Conn. Sup. 321 (1983).

Statute cannot be applied retroactively and commission has no jurisdiction to construe benefits under municipal charter.

Moore v. West Haven, 1 Conn. Workers’ Comp. Rev. Op. 103, 31 CRD-3-80 (January 25, 1982).

See, Bakelaar, infra.

Cerniglia v. Bristol, 1 Conn. Workers’ Comp. Rev. Op. 86, 60 CRD-6-81 (December 29, 1981).

See, Bakelaar, infra.

Zimmer v. Essex, 1 Conn. Workers’ Comp. Rev. Op. 71, 42 CRD-2-80 (November 2, 1981), aff’d, 38 Conn. Sup. 419 (1982).

To secure benefits claimant must be a regular member of a police force organized under § 7-274.

LaBoda v. Watertown, 1 Conn. Workers’ Comp. Rev. Op. 63, 51 CRD-5-81 (October 26, 1981).

Commissioner has no power to reduce statutory benefits because of other pension or social security benefits, and is not limited to awarding benefits only under § 31-308 C.G.S.

Stachelczyk v. Norwalk, 1 Conn. Workers’ Comp. Rev. Op. 51, 19 CRD-7-80 (August 20, 1981).

Evidence of disability required.

Bakelaar v. West Haven, 1 Conn. Workers’ Comp. Rev. Op. 27, 8 CRD-3-80 (April 9, 1981), appeal remanded with direction to render judgement, 38 Conn. Sup. 359 (1982), no error on remand, 193 Conn. 59 (1984).

Commissioner has jurisdiction to hear claims brought under § 7-433c and Chapter 568 in the same hearing.