Pernacchio v. City of New Haven

776 A.2d 1190, 63 Conn. App. 570, 2001 Conn. App. LEXIS 274
CourtConnecticut Appellate Court
DecidedMay 29, 2001
DocketAC 20111
StatusPublished
Cited by3 cases

This text of 776 A.2d 1190 (Pernacchio v. City of New Haven) 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
Pernacchio v. City of New Haven, 776 A.2d 1190, 63 Conn. App. 570, 2001 Conn. App. LEXIS 274 (Colo. Ct. App. 2001).

Opinion

Opinion

SHEA, J.

The defendant city of New Haven1 appeals from the decision of the workers’ compensation review board (board) affirming the decision of the workers’ compensation commissioner (commissioner) for the third district awarding to the plaintiff, Nicholas Pemac-chio, benefits provided pursuant to General Statutes § 7-433c (a)2 for firefighters who are disabled as a result [572]*572of hypertension or heart disease. We affirm the decision of the board.

The commissioner held a formal hearing on the plaintiffs claim for heart and hypertension benefits provided by § 7-433c and made findings that may be briefly recited. The plaintiff began his career as a firefighter in June, 1970. Prior to being hired as a firefighter by the defendant, the plaintiff underwent a preemployment medical examination that did not reveal any evidence of hypertension. For approximately nineteen years prior to May 4, 1989, the plaintiff was employed by the defendant as a uniformed firefighter. On that date, he was serving as the commanding officer at the Woodward Avenue firehouse in New Haven when he experienced some dizziness, light-headedness and nausea at the firehouse. An emergency medical response unit was stationed at that firehouse, and a paramedic assigned to that unit responded to the plaintiffs request for assistance. The paramedic tested the plaintiffs blood pressure and obtained a reading of 184 over 124. He then called for the fire department’s emergency one unit so that the plaintiff could be transported to Yale-New Haven Hospital. The paramedic assigned to the emergency one unit remained in contact with the medical staff at that hospital while the plaintiff was being transported there. At the hospital, the plaintiff underwent a series of tests. The hospital released the plaintiff and [573]*573submitted its bill of $215.15 for services on May 4,1989, which the defendant, as the employer, was obligated to pay. The plaintiff did not work on May 5 or 6, and he was not scheduled to work on May 7, 8, 9 or 10, 1989. On May 11, 1989, he filed a first report of injury for high blood pressure with the defendant’s workers’ compensation division. Such a report is required by General Statutes § 31-294b.3 The controller’s office for the defendant’s workers’ compensation division completed an accident investigation form concerning the May 4, 1989 incident, which stated that the plaintiff was treated by a physician for high blood pressure on that date.

Michael Parker, the plaintiffs primary care physician, indicated that in January, 1992, the plaintiff had mild borderline hypertension. In October, 1994, Parker began treating the plaintiffs hypertension with medication and has continued to do so. On June 26, 1996, the plaintiff filed a standard form for notice of a claim for compensation (form 30C) in which he stated that, while in the employ of the defendant’s fire service in May, 1989, he sustained injuries arising out of and in the course of his employment, and described his injuries as “medication, hypertension 7-433c.”

Generally, workers’ compensation benefits are not recoverable “unless a written notice of a claim for compensation is given within one year from the date of the accident . . . which caused the personal injury . . . .” General Statutes § 31-294c (a). The Workers’ Compensation Act, General Statutes § 31-275 et seq., however, provides an exception to that rule. Subsection (c) of § 31-294c provides that a “[fjailure to provide a notice of claim under subsection (a) of this section [574]*574shall not bar maintenance of the proceedings if . . . within the applicable period an employee has been furnished, for the injury with respect to which compensation is claimed, with medical or surgical care as provided in section 31-294d. . . ,”4 General Statutes § 31-294d (a) provides in relevant part: “The employer, as soon as he has knowledge of an injury, shall provide a competent physician or surgeon to attend the injured employee and, in addition, shall furnish any medical and surgical aid or hospital and nursing service, including medical rehabilitation services, as the physician or surgeon deems reasonable or necessary. . . .”

The commissioner concluded that the defendant had notice of the plaintiffs high blood pressure incident on May 4, 1989, through the investigative report that was prepared by the defendant’s workers’ compensation division for the defendant’s controller’s office. The commissioner also relied on the fact that the plaintiff “was transported to Yale-New Haven Hospital in a city emergency unit staffed with New Haven fire department paramedics who were in contact with hospital personnel so that the [plaintiffs] condition could be monitored on the way to the hospital.” Accordingly, the commissioner awarded benefits to the plaintiff.

The defendant does not dispute the commissioner’s finding that it had notice of the plaintiffs high blood [575]*575pressure incident on May 4, 1989, but maintains that notice of high blood pressure, even such an abnormal reading as the plaintiffs, is not equivalent to notice of hypertension, which it did not receive until the plaintiff filed a form 30C on June 26, 1996, describing his injury as “medication, hypertension 7-433C.” Merriam-Webster’s Collegiate Dictionary, however, defines “hypertension” as abnormally high arterial blood pressure. Merriam-Webster’s Collegiate Dictionary (10th Ed. 1993). Neither party has referred to any medical evidence submitted at the hearing before the commissioner that might elucidate the relationship between high blood pressure and hypertension. In January, 1992, Parker found that the plaintiff had mild borderline hypertension, but the doctor did not begin treating the plaintiff for hypertension with medication until October, 1994. The plaintiff filed his Form 30C, notifying the defendant of his hypertension on June 26, 1996, less than two years after beginning his treatment for hypertension.

On appeal to the board, the board affirmed the decision of the commissioner to award the plaintiff benefits pursuant to § 7-433c. The board recognized, as this court has held, that “[a] claimant for workers’ compensation benefits must provide both notice of injury; General Statutes § 31-294b . . . and notice of a claim. General Statutes § 31-294c . . . .” (Citations omitted.) Funaioli v. New London, 52 Conn. App. 194, 195, 726 A.2d 626 (1999) (first report of injury together with letter from claimant’s lawyer stating that claimant not requesting hearing “at this time” sufficient to satisfy notice of claim requirement of § 31-294c). “[T]he written notice intended is one which will reasonably inform the employer that the employee is claiming or proposes to claim compensation under the [Workers’ Compensation] Act.” Rehtarchik v. Hoyt-Messinger Corp., 118 Conn. 315, 317, 172 A. 353 (1934); Black v. London & [576]*576Egazarian Associates, Inc., 30 Conn. App. 295, 303, 620 A.2d 176, cert. denied, 225 Conn. 916, 623 A.2d 1024 (1993). “The purpose of § 31-294 [notice of injury and of claim for compensation], in particular, is to alert the employer to the fact that a person has sustained an injury that may be compensable . . .

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Cite This Page — Counsel Stack

Bluebook (online)
776 A.2d 1190, 63 Conn. App. 570, 2001 Conn. App. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pernacchio-v-city-of-new-haven-connappct-2001.