Clark v. Waterford, Cohanzie Fire Dept. (Dissent)

CourtSupreme Court of Connecticut
DecidedJune 20, 2023
DocketSC20630
StatusPublished

This text of Clark v. Waterford, Cohanzie Fire Dept. (Dissent) (Clark v. Waterford, Cohanzie Fire Dept. (Dissent)) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. Waterford, Cohanzie Fire Dept. (Dissent), (Colo. 2023).

Opinion

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion.

All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative.

The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** CLARK v. WATERFORD, COHANZIE FIRE DEPARTMENT—DISSENT

ECKER, J., dissenting. The majority today adopts a novel construction of an important and long-standing statute, with severe consequences throughout Connect- icut for innumerable municipal firefighters, police offi- cers, and their survivors. General Statutes § 7-433c provides that every ‘‘uniformed member’’ of a municipal fire department and every ‘‘regular member’’ of a munic- ipal police department hired before July 1, 1996, is enti- tled to receive an array of valuable disability and retirement benefits if they suffer any heath condition or impairment as a result of heart or hypertension disease.1 These statutory benefits have existed since the early 1950s, and never once in the past seventy years has this court or, to my knowledge, anyone else suggested that the benefits were not available to all uniformed members of any municipal fire department and all regu- lar members of any municipal police department who met the statutory criteria. Indeed, heart and hyperten- sion benefits have been awarded to countless firefight- ers and police officers under § 7-433c, in contested and uncontested cases alike, without reference to the defini- tion of ‘‘member’’ set forth in General Statutes § 7-425 (5).2 Until today. The majority now holds that § 7-433c heart and hyper- tension benefits are available only to those municipal firefighters and police officers who fit the narrow defini- tion of ‘‘member’’ set forth in § 7-425 (5). In my view, the flaw in this conclusion is both unmistakable and decisive: if the majority is correct, then the very same definition of ‘‘member’’ would mean that heart and hypertension benefits are available only to those fire- fighters and police officers who receive pay from a municipality that chooses to participate in the Connecti- cut Municipal Employees Retirement System (CMERS), General Statutes § 7-425 et seq. The named defendant, the town of Waterford, Cohanzie Fire Department,3 accepts this consequence as a natural result of applying § 7-425 (5) to § 7-433c and argues that ‘‘limiting benefits to those enrolled in [CMERS] is entirely proper.’’ The majority is not so sanguine and resists the logic con- ceded by the defendant. The majority agrees that the legislature never intended to limit heart and hyperten- sion benefits to CMERS members and even suggests that such an interpretation would be absurd. But the majority also concludes that it is not necessary to con- strue § 7-433c to limit these benefits to CMERS mem- bers because the sentence defining ‘‘member’’ in § 7- 425 (5) can be split in half, the CMERS requirement can be excised, and only the second clause (the exclusion of employees who work less than twenty hours per week) would plainly and unambiguously apply to § 7- 433c. The majority’s construction of the relevant statutes is unsound because, simply put, either the entire defini- tion applies to § 7-433c or none of it does. Indeed, guided by General Statutes § 1-2z, I am left with little doubt regarding the correct outcome in this case. The statutes under consideration, far from being plain and unambiguous with respect to the applicability of the term ‘‘member’’ in § 7-425 (5) to ‘‘uniformed member’’ and ‘‘regular member’’ in § 7-433c, are quintessentially ambiguous on that precise question. On the one hand, § 7-425 states that, unless otherwise provided, its defini- tions apply to the part of the General Statutes in which § 7-433c is codified. On the other hand, virtually every sentence of text in the relevant statutes casts substan- tial doubt on the meaning that the majority deems obvi- ous. The context provided by the broader statutory schemes adds to that doubt. In the final analysis, the language, legislative history, and remedial purpose of § 7-433c, and its relationship to the retirement system created by § 7-425 et seq. (i.e., CMERS), demonstrates that the definition of ‘‘member’’ does not apply to the terms ‘‘uniformed member’’ and ‘‘regular member’’ in § 7-433c. For that reason, I respectfully dissent. I A BRIEF OVERVIEW OF OUR CASE LAW CONSTRUING § 7-433c Before examining the language of the relevant stat- utes, it is useful to briefly review what this court pre- viously has said about the heart and hypertension benefits scheme provided in § 7-433c. Since its enact- ment in 1951 and subsequent amendment in 1953, the statute now codified at § 7-433c has provided ‘‘special compensation to qualifying policemen and firemen who die or become disabled as a result of hypertension or heart disease.’’ (Internal quotation marks omitted.) Chambers v. Electric Boat Corp., 283 Conn. 840, 858 n.11, 930 A.2d 653 (2007). Our court repeatedly has observed that ‘‘[§] 7-433c was enacted ‘for the purpose of placing [municipal firefighters and] policemen who die or are disabled as a result of hypertension or heart disease in the same position vis-à-vis compensation ben- efits as [municipal firefighters and] policemen who die or are disabled as a result of service related injuries.’ ’’ Lambert v. Bridgeport, 204 Conn. 563, 566–67, 529 A.2d 184 (1987), quoting Pyne v. New Haven, 177 Conn. 456, 460–61, 418 A.2d 899 (1979); accord King v. Sultar, 253 Conn. 429, 442, 754 A.2d 782 (2000); Maciejewski v. West Hartford, 194 Conn. 139, 144, 146, 480 A.2d 519 (1984). A municipal firefighter or police officer eligible for heart and hypertension benefits ‘‘is not required to prove that the [hypertension or] heart disease is caus- ally connected to [his or her] employment . . . .’’ (Internal quotation marks omitted.) Ciarlelli v. Ham- den, 299 Conn. 265, 276, 8 A.3d 1093 (2010).

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Clark v. Waterford, Cohanzie Fire Dept. (Dissent), Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-waterford-cohanzie-fire-dept-dissent-conn-2023.