SC20319- Coughlin v. Stamford Fire Dept.
(Denial of benefits pursuant to General
§ 7-433c (a);
“On appeal, the defendant
asserts that the board incorrectly determined that the plaintiff’s heart
disease claim was timely because, at the time of his diagnosis and disability,
the plaintiff had retired as a firefighter and was no longer employed by the
defendant. Additionally, the defendant asserts that a claim for a new injury of
heart disease cannot be established on the basis of its causal relationship to
the plaintiff’s initial compensable claim for hypertension because § 7-433c
mandates that hypertension and heart disease be treated as separate and distinct
injuries. The plaintiff responds that his heart disease claim was timely
because it flowed from his compensable claim for hypertension, and neither a
plain reading of § 7-433c nor this court’s interpretation of that statute
requires hypertension and heart disease to be treated as separate diseases when
they are causally related. We agree with the plaintiff and, accordingly, affirm
the decision of the board").
SC20244- Dickerson v. Stamford (“On appeal, the defendant asserts that the board incorrectly
determined that the commissioner had jurisdiction over the plaintiff’s claim
because, at the time of his diagnosis and disability, the plaintiff had retired
and was no longer a uniformed member of the Stamford Police Department
(department). Furthermore, the defendant asserts that a claim for a new injury
of heart disease cannot be established on the basis of its causal relationship
to the plaintiff’s initial compensable claim for hypertension because § 7-433c
mandates that hypertension and heart disease be treated as separate and
distinct injuries. Therefore, the defendant claims, the plaintiff was required
to give a separate, timely notice of his heart disease claim within one year of
his diagnosis. The plaintiff responds that the jurisdictional prerequisites of
§ 7-433c were met and that his heart disease claim was timely because it flowed
from his compensable claim for hypertension, and neither a plain reading of §
7-433c nor this court’s interpretation of that statute requires hypertension and
heart disease to be treated as separate diseases when they are causally related…The
plaintiff responds that the long-standing substantial factor standard that applies
to subsequent injury claims brought under the Workers’ Compensation Act (act), General
Statutes § 31-275 et seq., also applies to his claim. We agree with the
plaintiff and, accordingly, affirm the decision of the board”).