302 Conn. 767
Conn.2011Background
- Roohr, a Cromwell police officer, sought §7-433c hypertension benefits; his claim was dismissed as untimely under §31-294c(a).
- Medical records show repeated elevated blood pressures from 2002–2003; Kimmel diagnosed hypertension on April 29, 2002.
- Roohr filed his claim on March 22, 2004; the commissioner held it timely? No, it found untimely.
- Board affirmed the commissioner’s ruling; this court stayed its decision pending Ciarlelli guidance.
- After Ciarlelli, the court and parties briefed the issue to determine whether the board’s decision should stand.
- The court ultimately affirmed the board, holding that the one-year period begins when diagnosed/ notified by a medical professional of hypertension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does the §31-294c(a) period begin for §7-433c claims? | Period begins at physician's notice of diagnosis. | Period began when Roohr knew of hypertension. | Clock begins at diagnosis/notice per Ciarlelli. |
| Is a hypertension prescription required to trigger §31-294c(a)? | Prescription date governs timing. | Diagnosis alone suffices to start the period. | Diagnosis alone triggers the one-year period; prescription not required. |
| Does Ciarlelli govern retroactively in this appeal? | Ciarlelli controls; limits accrual to diagnosis notification. |
Key Cases Cited
- Ciarlelli v. Hamden, 299 Conn. 265 (2010) (held that the §31-294c(a) period runs from medical notification of hypertension)
- Deschenes v. Transco, Inc., 288 Conn. 303 (2008) (standard of review for commissioner findings)
- Tracy v. Scherwitzky Gutter Co., 279 Conn. 265 (2006) (limitations and review of factual inferences)