Hill v. State Employees Retirement Commission

851 A.2d 320, 83 Conn. App. 599, 2004 Conn. App. LEXIS 273
CourtConnecticut Appellate Court
DecidedJune 29, 2004
DocketAC 24478
StatusPublished
Cited by13 cases

This text of 851 A.2d 320 (Hill v. State Employees Retirement Commission) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hill v. State Employees Retirement Commission, 851 A.2d 320, 83 Conn. App. 599, 2004 Conn. App. LEXIS 273 (Colo. Ct. App. 2004).

Opinion

Opinion

PETERS, J.

Under specified circumstances, General Statutes § 5-192p authorizes the state employees retirement commission (commission) to grant a disability retirement pension to a person in state service. An applicant who has been in state service for less than ten years is entitled to such a pension only if the applicant has suffered a disability that is service connected. To determine the requisite service connection, the retirement commission is directed by § 5-192p (f) to utilize the expertise of the state medical examining board (medical board). The principal issue in this case is whether a pension applicant who is disappointed by an adverse decision of the medical board has a right to review by the commission to determine whether, as a matter of law, the medical board was precluded from making an independent determination of service connection in light of earlier workers’ compensation proceedings arising out of the same facts. We affirm the judgment of the trial court dismissing the pension applicant’s administrative appeal, but we do so on grounds other than those on which the court relied.

The plaintiff, Bruce Hill, filed an appeal in the Superior Court from a declaratory ruling by the defendant commission, which had denied his request for service connected disability retirement benefits. The commission based its ruling on a finding by the medical board that the plaintiff had not established that his injury was service connected. He alleged that he was nonetheless entitled to such benefits because he had been injured in an accident that, in workers’ compensation proceedings, had been determined to be service connected. In light of that determination, the plaintiff maintained that the doctrine of collateral estoppel precluded the medi[602]*602cal board from making a contrary finding and required the commission to grant his application for disability retirement benefits.

The trial court upheld the commission’s denial of the plaintiffs pension application. It agreed with the commission that the governing statute conferred exclusive authority on the medical board to determine whether an employee’s injury was service connected, apredicate for entitlement to disability retirement benefits. Concluding that the commission lacked subject matter jurisdiction to review the merits of the medical board’s finding, the court dismissed the plaintiffs appeal.

In his appeal to this court, the plaintiff maintains that the trial court improperly failed (1) to overrule the commission’s determination that it lacked jurisdiction to review the medical board’s finding that he failed to prove that his injury was service connected, (2) to apply the doctrine of collateral estoppel and (3) to protect his constitutional right to due process. Because each of these issues raises a question of law, our review is plenary. See, e.g., DaCruz v. State Farm Fire & Casualty Co., 268 Conn. 675, 686, 846 A.2d 849 (2004) (collateral estoppel); State v. Long, 268 Conn. 508, 520-21, 847 A.2d 862 (2004) (due process); Lundborg v. Lawler, 63 Conn. App. 451, 455, 776 A.2d 519 (2001) (subject matter jurisdiction). Although we agree with the plaintiff s jurisdictional claim, we disagree with his collateral estoppel and due process claims. Accordingly, we affirm the judgment of the trial court. See Favorite v. Miller, 176 Conn. 310, 317, 407 A.2d 974 (1978) (“[w]here the trial court reaches a correct decision but on mistaken grounds, [the Supreme] [C]ourt has repeatedly sustained the trial court’s action if proper grounds exist to support it”).

[603]*603To evaluate the plaintiffs arguments, we must review the factual record and the procedural history of this case. There is no dispute about either one.

The plaintiff was employed by the state of Connecticut state receiving home from December 14, 1990, through 1997. During that time, he injured his right shoulder twice.

The first injuiy to his right shoulder, on August 17, 1997, was not work related. It occurred in a flag football game. After sustaining the injury, the plaintiff immediately consulted a physican at New Britain General Hospital to obtain pain relief medication. He did not report for work the following day.

The second injury to the same shoulder, on September 18, 1997, occurred on the work site when the plaintiff was trying to fix a hatchway. He consulted a physician one week later. He notified his supervisor of his injury on September 29,1997.1 Despite his injury, he continued to work until October 9, 1997. In December, 1997, the plaintiff underwent surgery to correct the right rotator cuff injuiy that he had sustained, but the surgery was not successful.

In the course of workers’ compensation proceedings, the state accepted the plaintiffs claim for workers’ compensation for his work site injury. It signed a voluntary agreement acknowledging that the plaintiff had suffered a 21.5 percent permanent impairment of his right shoulder as the result of his September 18, 1997 injury and that this injuiy arose out of and in the course of his employment.

The plaintiff then filed an application for disability retirement benefits under General Statutes § 5-169. His eligibility for such benefits depended on his ability to [604]*604establish that his injury was service connected. General Statutes § 5-192p.

The medical board that considered the plaintiffs application for disability retirement benefits found initially and upon reconsideration that the plaintiff had not shown that his injury was service connected. It noted the plaintiffs prior injury at the football game, his delay in informing his supervisor of his injury at the work site and his performance of his work for several days subsequent to the date of his injury.

The plaintiff tried unsuccessfully to challenge the medical board’s decision by way of a direct appeal to the Superior Court. The court held that it lacked subject matter jurisdiction of his case because § 5-169 (c) does not require the medical board to hold a hearing. See Bailey v. Medical Examining Board for State Employee Disability Retirement, 75 Conn. App. 215, 223, 815 A.2d 281 (2003). As the court held, without a requirement for a hearing, an administrative decision is not a contested case, as that term is defined by General Statutes § 4-166 (2), and therefore is not appealable. See General Statutes § 4-166 (3) (A) and (C); Lewis v. Gaming Policy Board, 224 Conn. 693, 699-700, 620 A.2d 780 (1993).

Without seeking appellate review of that dismissal, the plaintiff petitioned the commission for a declaratory ruling that the doctrine of collateral estoppel required the medical board to find that his injury was service connected. The commission decided that it did not have jurisdiction to review the plaintiffs claim on its merits because, in its view, § 5-192p (f) conferred on the medical board the exclusive authority to determine whether the plaintiffs injury was service connected. Accordingly, it issued a declaratory ruling denying the plaintiffs request for disability retirement benefits.

[605]*605The plaintiff then returned to the Superior Court, in the case that is presently before us, to challenge the validity of the declaratory ruling by the commission.

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Cite This Page — Counsel Stack

Bluebook (online)
851 A.2d 320, 83 Conn. App. 599, 2004 Conn. App. LEXIS 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-state-employees-retirement-commission-connappct-2004.