324 Conn. 693

Conn.

2017

JAMES STAUROVSKY v. MILFORD POLICE DEPARTMENT ET AL.

(SC 19682)

Supreme Court of Connecticut

Argued January 25—officially released March 7, 2017

Rogers, C. J., and Palmer, Eveleigh, McDonald, Espinosa and Robinson, Js.

David J. Morrissey, for the appellant (plaintiff).
Michael V. Vocalina, for the appellee (defendants).

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Opinion

PER CURIAM. The plaintiff, James Staurovsky, appeals, upon our grant of his petition for certificаtion,¹ from the judgment of the Appellate Court, which reversed the decision of the Compensation Review Board affirming the decisiоn ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‍of the Workers’ Compensation Commissioner for the Fourth District awarding heart and hypertension benefits pursuant to General Statutes (Rev. to 2011) § 7-433c. Staurovsky v. Milford Police Dept., 164 Conn. App. 182, 209, 134 A.3d 1263 (2016). On appeal, the plaintiff, who is a retired police officer who had been еmployed by the named defendant, the Milford Police Department,² claims that the Appellate Court improperly concluded that he was not entitled to heart and hypertension ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‍benefits after suffering a myocardial infarction shortly after his retirement. Id., 208-209. Specifically, the plaintiff contends that the Appellate Court improperly followed its decision in Gorman v. Waterbury, 4 Conn. App. 226, 231-32, 493 A.2d 286 (1985), in determining that General Statutes (Rev. to 2011) § 7-433c required him to prove that his heart disease or hypertension caused him to suffer ‍‌‌‌‌‌‌‌‌‌‌‌‌‌‍from death or disability whilе he was actively employed as a police officer. Staurovsky v. Milford Police Dept., supra, 164 Conn. App. 202-203.

After examining the entire record on appeal and considering the briefs and oral arguments of the parties, we have determined that the appeal should be dismissed on the ground that certification was improvidently granted.

The appeal is dismissed.

Notes

We granted the plaintiff‘s petition fоr certification limited to the following issue: “Did the Appellate Cоurt correctly determine that the Workers’ Compensation Review Board decision must be reversed because the plaintiff must prove that he was disabled or die from a condition or impairment оf health caused by hypertension while still employed in order to perfect his claim for benefits under General Statutes [Rev. to 2011] § 7-433c?” .

We note that the named defendant‘s workers’ compensation administrator, PMA Management Corp. of New England, was also named as a defendant in the present case. See .

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