Vitti v. City of Milford, 190 Conn. App. 398

Vitti, hired as a Milford police officer on Feb. 12, 1993, developed giant cell myocarditis and suffered a cardiac injury in August 2010 requiring transplant. He filed a timely workers’ compensation claim under Conn. Gen. Stat. § 7-433c.
§ 7-433c was amended in 1992 (codified in 1993) to create a rebuttable presumption for hires on/after July 1, 1992 (with eligibility limits), and was amended again in 1996 to restore a conclusive presumption and to disqualify hires on/after July 1, 1996. The 2009 codification (referred to as the 2010 version) was in effect on Vitti’s 2010 injury date.
Commissioner initially applied the 1993 version (rebuttable presumption) and awarded benefits after finding city failed to rebut causation. The Compensation Review Board vacated that award and remanded, concluding the 2010 version (conclusive presumption) applied to the injury date.
On remand the commissioner again found in Vitti’s favor under the 2010 version, crediting the plaintiff’s cardiologist (Dr. Wencker) that giant cell myocarditis is a disease of the heart. The board affirmed.
The City appealed, arguing (1) the 1993 version should govern because of the legislative purpose behind P.A. 92-81 (financial relief for municipalities), and (2) the medical evidence established giant cell myocarditis is a systemic autoimmune disease, not ‘‘heart disease’’ under § 7-433c.

Issue	Vitti’s Argument	Milford’s Argument	Held
Which version of § 7-433c governs — statute in effect at hire (1993) or at injury (2010)?	2010 version (statute in effect at date of injury) applies.	1993 version should apply to preserve the rebuttable presumption and advance P.A. 92-81’s municipal relief purpose.	2010 version applies; statute’s text and legislative history show hires before July 1, 1996 were grandfathered and date-of-injury rule supports applying the law in effect at injury.
Whether giant cell myocarditis qualifies as "heart disease" under § 7-433c	Medical evidence (Dr. Wencker) establishes it is a primary heart disease confined to the heart.	Medical evidence (Dr. Krauthamer) shows it is an autoimmune/systemic disease attacking the heart — not purely heart disease.	Commissioner’s factual credibility determinations favoring Dr. Wencker are supported by the record; giant cell myocarditis was found to be heart disease under § 7-433c.

Melendez v. Fresh Start General Remodeling & Contracting, LLC, 180 Conn. App. 355 (appellate standard of review and weight given to commissioner findings)
Bakelaar v. West Haven, 193 Conn. 59 (statutory text governs when unambiguous; court cannot engraft amendments to further policy)
Civardi v. Norwich, 231 Conn. 287 (date-of-injury rule: apply statute in effect on injury date)
Schmidt v. O. K. Baking Co., 90 Conn. 217 (early articulation of applying the statute in effect at time of injury)
Iacomacci v. Trumbull, 209 Conn. 219 (new workers’ compensation legislation affects only injuries after its effective date absent contrary specification)