Fortin v. Borough of Naugatuck

CASE NO. 1898 CRB-5-93-11

COMPENSATION REVIEW BOARD

WORKERS’ COMPENSATION COMMISSION

MAY 4, 1995

JAMES FORTIN

CLAIMANT-APPELLEE

v.

BOROUGH OF NAUGATUCK

EMPLOYER

RESPONDENT-APPELLANT

APPEARANCES:

The claimant was represented by David J. Morrissey, Esq., 203 Church Street, Naugatuck, CT 06770.

The employer was represented by M. Leonard Caine, III, Esq., Caine & Caine, 35 Porter Ave., Naugatuck, CT 06770.

This Petition for Review from the November 4, 1993 Finding and Award of the Commissioner acting for the Fifth District was heard November 18, 1994 before a Compensation Review Board panel consisting of the Commission Chairman Jesse M. Frankl and Commissioners Angelo L. dos Santos and Nancy A. Brouillet.

OPINION

JESSE M. FRANKL, CHAIRMAN. The respondent employer has appealed from the November 4, 1993 Finding and Award of the Commissioner acting for the Fifth District. In that Finding and Award the trier found that the claimant, a Naugatuck police officer, suffered from hypertension which he determined to be compensable pursuant to § 7-433c C.G.S. 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. We find no error on the part of the trial commissioner.

Section 7-433c of the Connecticut General Statutes provides in pertinent part:

Notwithstanding any provision of chapter 568 or any other general statute, charter, special act or ordinance to the contrary, in the event a uniformed member of a paid municipal fire department or a regular member of a paid municipal police department who successfully passed a physical examination on entry into such service, which examination failed to reveal any evidence of hypertension or heart disease, suffers either off duty or on duty any condition or impairment of health caused by hypertension or heart disease resulting in his death or his temporary or permanent, total or partial disability, he.... shall receive from his municipal employer compensation and medical care in the same amount and in the same manner as that provided under chapter 568.... (Emphasis added)

This Board has specifically ruled that the disease of hypertension, when it requires medical care and prescription drugs, constitutes a disability pursuant to §7-433c C.G.S. Murach v. City of New Britain, 10 Conn. Workers’ Comp. Rev. Op. 89, 1172 CRD-6-91-2 (April 20, 1992). The employer does not dispute the fact that when the claimant was hired, he successfully passed a physical examination, with no evidence of hypertension or heart disease. Moreover, the employer does not dispute the fact that the claimant subsequently developed hypertension which required medical care and prescription drugs. (Finding of Fact No. 6; Exhibits C and D) Under these facts, the trial commissioner properly awarded benefits pursuant to § 7-433c C.G.S.

The trial commissioner’s decision is affirmed.

Commissioners Angelo L. dos Santos and Nancy A. Brouillet concur.