Summary
In Gatewood v. City of Hartford, 1006 CRD-1-90-4 (decided October 21, 1991) we upheld the trial commissioner who found a claimant ineligible as his pre-employment physicals showed evidence of hypertension.
Summary of this case from Suprenant v. City of New BritainOpinion
CASE NO. 1006 CRD-1-90-4
OCTOBER 21, 1991
The claimant was represented by Brian A. Doyle, Esq., Ferguson Doyle.
The respondent was represented by Helen Apostolidis, Esq., Assistant Corporation Counsel.
This Petition for Review from the March 29, 1990 Finding and Dismissal of the Commissioner at Large acting for the First District was decided on the basis of papers submitted for the February 22, 1991 hearing before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Frank Verrilli and Donald Doyle.
OPINION
The claimant seeks review of the March 29, 1990 denial of his claim for Sec. 7-433c C.G.S. benefits. The trial commissioner found claimant underwent a pre-employment physical examination July 6, 1972. At that examination blood pressure readings were at the following levels: 150/90, 144/90 and 144/90. On February 11, 1974 claimant underwent a second pre-employment physical for the position of firefighter. His blood pressure was 150/96. On March 17, 1974 he became a firefighter for the respondent. He suffered a stroke July 13, 1988, the basis of his present claim. Because there was evidence of claimant's hypertension at the time of the pre-employment physicals, the commissioner denied his claim. Section 7-433c 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, suffered 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 or his dependents, as the case may be, shall receive from his municipal employer compensation and medical care in the same amount and the same manner as that provided under chapter 568 if such death or disability was caused by a personal injury which arose out of and in the course of his employment and was suffered in the line of duty and within the scope of his employment . . .
Horkheimer v. Town of Stratford, 4 Conn. Workers' Comp. Rev. Op. 139, 163-CRD-4-82 (1987) determined that "Section 7-433c is clear and unambiguous that the physical examination on entry into service must fail `to reveal any evidence of hypertension or heart disease. . .' (Underlining ours). That means the physical examination must reveal no evidence of hypertension or heart disease in order for the claimant to be eligible for the application of Sec. 7-433c (Underlining ours)." Id. at 143. In the instant matter there was evidence for the trier to find as he did that the pre-employment physicals revealed evidence of hypertension. Besides as claimant has failed to file a Motion to Correct, the facts as found by the trial commissioner must stand. Mack v. Blake Drug, 152 Conn. 523 (1965)[.]
We, therefore, affirm the trial Commissioner and dismiss claimant's appeal.
Commissioners Frank Verrilli and Donald Doyle concur.