Opinion
CASE NO. 978 CRD-6-90-2
JUNE 28, 1991
The claimant was represented by David Morrissey, Esq.
The respondent was represented by Steven Nassau, Esq., and Peter Boorman, Esq., both of Nassau, Borowy Griffith.
This Petition for Review from the February 2, 1990 Finding and Dismissal of the Commissioner at Large acting for the Sixth District was heard January 25, 1991 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Andrew Denuzze and Susan Creamer.
OPINION
Claimant has appealed the denial of his Sec. 7-433c claim. He contests the ruling that he was not a "regular" member of the respondent municipality's police force and therefore was not entitled to Sec. 7-433c benefits.
Section 7-433c favors "regular members of a paid municipal police department" who sustain a condition or impairment of health due to heart disease or hypertension which results in temporary or permanent, total or partial disability. But there are some threshold requirements to satisfy before a claimant may be eligible for such benefits. The claimant must be either a "uniformed member of a paid municipal fire department" or a "regular' member of paid municipal police department." Here the trier found that claimant was not a regular member of a paid municipal police department.
That determination is in large part a factual one. It was the claimant's burden to prove that he was a regular member of the municipality's police department. Zimmer v. Essex, 38 Conn. Sup. 419 (1982). As the commissioner concluded that claimant failed to meet that burden of proof, our review is limited to determining if the commissioner's conclusion was without evidence, contrary to law or based on impermissible or unreasonable factual inferences. Fair v. People's Savings Bank, 207 Conn. 535 (1988). Here the commissioner found claimant "was not required to attend the police academy training . . . nor was [c]laimant issued a gun or handcuffs and he was not required to carry any of these items." See paragraph #7. He also found that claimant's work was specialized, and claimant was not able to perform the duties of police patrol officers. See paragraph #11. There was no motion to correct these findings. The appellant is therefore bound by them. The findings themselves are based on sufficient evidence. See e.g., Transcript of December 22, 1987 Formal Hearing at 20-26.
We therefore affirm the trial commissioner's February 2, 1990 decision and dismiss the appeal.
Commissioners Andrew Denuzze and Susan Creamer concur.