Lundgren v. Town of Stratford

530 A.2d 183, 12 Conn. App. 138, 1987 Conn. App. LEXIS 1042
CourtConnecticut Appellate Court
DecidedAugust 25, 1987
Docket4965
StatusPublished
Cited by10 cases

This text of 530 A.2d 183 (Lundgren v. Town of Stratford) 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
Lundgren v. Town of Stratford, 530 A.2d 183, 12 Conn. App. 138, 1987 Conn. App. LEXIS 1042 (Colo. Ct. App. 1987).

Opinion

Dupont, C. J.

The plaintiff appeals and the defendant cross appeals from the trial court’s order for execution of the award made to the plaintiff by the [139]*139workers’ compensation commissioner under General Statutes § 7-433c, which provides for disability and retirement benefits to members of police or fire departments who have heart disease or hypertension.1 The principal issue of this appeal involves a determination of the limitation imposed by General Statutes § 7-433b (b) upon the payment of such benefits. That statute provides in relevant part that “the cumulative payments . . . for compensation and retirement . . . benefits under section 7-433e shall be adjusted so that the total of such cumulative payments received by such member . . . shall not exceed one hundred per cent of the weekly compensation being paid, during their compensable period, to members of such department in the same position which was held by such member at the time of his death or retirement. ” (Emphasis added.)

The parties disagree as to the interpretation of the words “same position” as used in the statute. The plaintiff asserts that the phrase refers to the same pay grade and pay step as that which he had attained at the time [140]*140of his disability. He claims, therefore, that the proper measure of the statutory ceiling imposed by § 7-433b (b) is the amount of compensation being paid to a member of his department who is at that same pay step.2 The defendant claims, on the other hand, that the phrase “same position” merely refers to the same job title encompassing the same duties and responsibilities. It claims that the proper measure of the limitation imposed by the statute is the amount of compensation being paid to the recipient’s successor, regardless of that successor’s pay step.

The parties stipulated to the following relevant facts. The plaintiff was the fire chief of the town of Stratford for forty-two years, and at the time of his retirement on April 1, 1984, earned a weekly salary of $806.59. At that time, he was granted a “Disability in the Line of Duty Pension” from the town due to heart disease, in the amount of $755 per week. Shortly thereafter, the plaintiff also sought disability benefits for heart disease under § 7-433c.

On April 1,1984, a successor with less seniority than the plaintiff was appointed as acting fire chief at a lower pay step and weekly salary than that of the plaintiff’s, in the amount of $669.59. On October 29,1984, the successor was appointed as fire chief at the weekly salary of $695.32. The weekly salary of the plaintiff’s successor was subsequently increased to $758.01 on April 1, 1985, and reached $786.95 by April 29, 1985.

On January 21, 1985, the workers’ compensation commissioner issued a finding and award in the plaintiff’s favor for heart disease and hypertension bene[141]*141fits pursuant to § 7-433c. The commissioner awarded the plaintiff “468 weeks of compensation for 60% permanent partial impairment of the cardiovascular system at the rate of $326.00 per week commencing on July 1,1984, date of maximum improvement. Subject to the lawful limitations of Section 7-433b.” The defendant thereafter failed to make any payments of the commissioner’s award to the plaintiff because the plaintiff’s successor’s salary during all relevant times was exceeded by the amount of the plaintiff’s pension alone. Under the defendant’s interpretation of § 7-433b (b), no workers’ compensation benefits were due to the plaintiff.

The plaintiff filed a motion for execution of the award in the trial court pursuant to General Statutes § 31-300.3 In his motion, he claimed that the sum of $4953.13 was due from the defendant for the period of July 1,1984, to November 10,1985. The trial court found that under a “plain reading” of § 7-433b (b), the cumulative payments of retirement and disability benefits could not exceed the amount of the weekly compensation being paid to the plaintiff’s successor. It concluded, therefore, that payments under the award were prohibited until the weekly compensation for the plaintiff’s successor had reached $755, or the amount of the plaintiff’s pension. The trial court accordingly ordered execution of the award in the amount of $998.24,4 and found that “jujnder the statute, such increments would continue to be adjusted as [the successor’s] compensation increases.”

[142]*142Both parties challenge the trial court’s interpretation of § 7-433b (b). Although the parties agree that this statute imposes a limitation on the payments that may be received under § 7-433c, they disagree as to the measure of that limitation. The precise issue presented in this case has not been decided by this or any other Connecticut court. In determining the meaning of the statute, however, we are guided by well defined principles of statutory interpretation that require us to ascertain and give effect to the apparent intent of the legislature. Rhodes v. Hartford, 201 Conn. 89, 93, 513 A.2d 124 (1986); Norwich v. Silverberg, 200 Conn. 367, 370-71, 511 A.2d 336 (1986); State v. Kozlowski, 199 Conn. 667, 673, 509 A.2d 20 (1986); 2A J. Sutherland, Statutory Construction (4th Ed. Sands 1984) § 45.05. Where the language used to express the legislative intent is clear and unambiguous, there is no need to look beyond the words used in the statute. State v. Blasko, 202 Conn. 541, 553, 522 A.2d 753 (1987); Doe v. Institute of Living, Inc., 175 Conn. 49, 57, 392 A.2d 491 (1978). When a statute is ambiguous, however, we turn for interpretive guidance to its legislative history, the circumstances surrounding its enactment, and the purpose of the statute. State v. Blasko, supra; Rhodes v. Hartford, supra. We find that the words “same position” as used in § 7-433b (b) are ambiguous, and we therefore apply the general rules of statutory construction and look beyond the statute to ascertain the intent of the legislature.

Section 7-433b (b) is but one part of a comprehensive legislative scheme directed at the compensation of members of fire and police departments who die or are disabled as a result of heart disease or hypertension. In order to ascertain and effectuate the legislative intent of § 7-433b (b), therefore, it is necessary that we be mindful of the purpose and background of § 7-433c.5 [143]*143Section 7-433c in its present form was enacted in 1971 as a means of recognizing the unusual health risks associated with members of paid fire and police departments.6 It gives qualified members an “outright bonus” [144]*144or “special compensation” by specifically requiring the payment of benefits to those members who have heart disease or hypertension without requiring them to show that such conditions were work related.7 See Plainville v. Travelers Indemnity Co., 178 Conn.

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Cite This Page — Counsel Stack

Bluebook (online)
530 A.2d 183, 12 Conn. App. 138, 1987 Conn. App. LEXIS 1042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lundgren-v-town-of-stratford-connappct-1987.