Opinion
CASE NO. 408 CRD-1-85
APRIL 8, 1988
The claimant was represented by Albert McGrail, Esq., McEleney McGrail.
The respondents were represented by Lisa Silvestri, Esq., and Kevin Kenny, Esq., both of the Office of Corporation Counsel.
This Petition for Review from April 24, 1985 Finding and Dismissal of the Commissioner for the First District was heard March 27, 1986 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Darius J. Spain and Michael S. Sherman.
FINDING AND AWARD
The First District Finding and Dismissal of April 24, 1985 is hereby affirmed and adopted as the Finding and Dismissal of this Division.
OPINION
Claimant sought 7-433c benefits. The stipulated facts indicate he was employed as a regular Hartford policeman. Upon entry into that employment, he successfully passed a physical examination which failed to reveal any evidence of heart disease or hypertension. On January 19, 1971 he became disabled from heart disease. The disability continued unchanged through June 28, 1971, the date upon which Sec. 7-433c became effective.
The First District dismissed the claim April 24, 1985 based on the conclusion that the disability pre-existed the effective date of Sec. 7-433c. We agree.
Since Sec. 7-433c is substantive in nature, it cannot be given retroactive application, Meaney v. City of Waterbury, 2 Conn. Workers' Comp. Rev. Op. 14, 30 CRD-5-80 (1983), aff'd, 4 Conn. App. 226 (1985). In this case, because the disability pre-existed the Heart and Hypertension Law and there was no evidence that the disability worsened after the act's effective date, we concur that Sec. 7-433c benefits are not warranted. See also Adams v. New Haven, 39 Conn. Sup. 321 (1983), aff'g, 1 Conn. Workers' Comp. Rev. Op. 121, 49, CRD-3-81 (1982).
Commissioners Darius J. Spain and Michael S. Sherman concur.