164 Conn.App. 182
Conn. App. Ct.2016Background
- James Staurovsky was a Milford police officer from 1987 until retirement (last work day Feb. 2, 2012; retired Feb. 17, 2012). He passed a pre-employment physical showing no heart disease or hypertension.
- He suffered a myocardial infarction (heart attack) on Feb. 24, 2012, after retirement; angiogram showed severe four-vessel coronary artery disease and later bypass surgery.
- He had a cardiology consult in 2003 with a negative stress test; physician recommended diet/exercise but did not diagnose heart disease or hypertension.
- Plaintiff filed a Form 30C notice less than one month after the Feb. 24, 2012 heart attack; commissioner found the notice timely under § 31-294c(a).
- Commissioner originally found no disability from heart disease while employed, but after reconsideration concluded plaintiff had developed a condition on Jan. 30, 2012 that could support a future § 7-433c claim and awarded benefits; the Review Board affirmed.
- Appellate court reversed as to compensability, holding there was no evidence the required “condition or impairment” caused by heart disease/hypertension occurred while employed, so § 7-433c eligibility was not met.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the § 31-294c(a) one-year notice period triggered before Feb. 24, 2012? | Staurovsky: not diagnosed until Feb. 24, 2012; Form 30C filed timely. | Defendants: earlier contacts (2003) put him on notice, so claim untimely. | Held: one-year period begins at formal/totality-of-circumstances diagnosis; 2003 consult did not constitute diagnosis—notice was timely. |
| Does existence of heart disease while employed satisfy § 7-433c if disability occurred after retirement? | Staurovsky: presence of disease during employment suffices; Arborio undermines Gorman. | Defendants: Gorman requires that the condition/impairment caused by disease result in death or disability while employed. | Held: Gorman controls; disease alone is insufficient—must suffer the condition/impairment (resulting in disability/death) during employment. |
| Did commissioner have evidentiary support to find a condition/impairment on Jan. 30, 2012? | Staurovsky: cardiologist testified disease existed in Jan. 2012; commissioner credited him. | Defendants: record lacks evidence of any impairment or symptoms before Feb. 24, 2012. | Held: No evidentiary support—both plaintiff and cardiologist testified no symptoms or impaired function before Feb. 24; finding of impairment on Jan. 30 was unsupported. |
| Should Arborio be read to overrule Gorman on compensability? | Staurovsky: Arborio effectively overruled Gorman and allows recovery if disease existed while employed even if disability occurred post-retirement. | Defendants: Arborio addressed § 31-294c timing, not compensability under § 7-433c; Gorman remains controlling precedent. | Held: Arborio did not overrule Gorman; Gorman remains binding—compensable impairment must occur during employment. |
Key Cases Cited
- Ciarlelli v. Hamden, 299 Conn. 265 (Conn. 2010) (one-year limitation for § 7-433c claims begins when physician diagnosis is communicated; totality-of-circumstances test)
- Conroy v. Stamford, 161 Conn. App. 691 (Conn. App. 2015) (applies Ciarlelli; diagnosis timing is question of fact)
- Roohr v. Cromwell, 302 Conn. 767 (Conn. 2011) (affirmed dismissal where plaintiff was diagnosed with hypertension more than one year before filing)
- Gorman v. Waterbury, 4 Conn. App. 226 (Conn. App. 1985) (existence of heart disease/hypertension alone does not satisfy § 7-433c; impairment/death must occur while employed)
- Arborio v. Windham Police Dept., 103 Conn. App. 172 (Conn. App. 2007) (addressed § 31-294c timing and necessity of some accidental injury during employment to trigger filing obligation)
- Chambers v. Electric Boat Corp., 283 Conn. 840 (Conn. 2007) (context on § 7-433c as special compensation statute for firefighters and police)