304 Conn. 571
Conn.2012Background
- Carter, a police officer, sustained a 1996 right shoulder injury with subsequent surgeries and disability.
- In 2000 he suffered an acute myocardial infarction; he later claimed heart disease benefits under § 7-433c.
- He filed a form 30C on June 20, 2001, asserting misdiagnosis of the 1996 incident as the cause of heart disease.
- The commissioner dismissed the claim in January 2007 for lack of subject matter jurisdiction, finding no causal link and untimely notice.
- The Compensation Review Board affirmed, leading Carter to appeal to the Supreme Court of Connecticut.
- The sole issue is whether the medical care exception to § 31-294c tolls the one-year notice requirement for the § 7-433c claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 31-294c (c) toll the limitations for § 7-433c claims when medical care was provided? | Carter asserts the medical care exception tolls the period regardless of proof of causal link. | Town contends tolling requires either prior medical care for the late claim or a causal link to a timely incident. | No; medical care exception not proven, tolling not available. |
Key Cases Cited
- Gesmundo v. Bush, 133 Conn. 607 (1947) (medical care connection required; timely notice implied by care provided)
- Ciarlelli v. Hamden, 299 Conn. 265 (2010) (heart disease not necessarily tied to employment; tolling requires §31-294c conditions)
- Jones v. Redding, 296 Conn. 352 (2010) (deference to agency's time-tested interpretation of statutes)
- Malchik v. Division of Criminal Justice, 266 Conn. 728 (2003) (notice within one year essential; jurisdictional requirement cannot be waived)