Opinion
CASE NO. 425 CRD-2-85
MARCH 23, 1988
The claimant was represented by Stephen C. Embry, Esq.
The respondent was represented by Joseph E. Moukawsher, Esq.
This Petition for Review from the September 6, 1985 Finding and Award of the Commissioner for the Second District was heard May 30, 1986 before a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi, and Commissioners Rhoda Loeb and A. Thomas White, Jr.
FINDING AND AWARD
The Second District's Finding and Award of May 30, 1986 is hereby affirmed and adopted as the Finding and Award of this Division.
OPINION
Claimant was a regular paid member of the Groton Police Department from July 1, 1957 until his retirement. Prior to retirement he had been diagnosed as suffering from hypertension and heart disease. After retirement, he worked in the office of the Assistant State's Attorney. The Second District's September 6, 1985 Finding and Award awarded Claimant permanent partial disability benefits under Sec. 7-433c, C.G.S., a twenty-five per cent (25%) loss of the use of his cardiovascular system. Respondents' appeal argues that no benefits should have been awarded as Claimant had an earning capacity demonstrated by his employment with the Assistant State's Attorney.
That argument demonstrates a gross misreading of Sec. 7-433c. That section Judge Du Pont declared "incorporates the Workmen's Compensation Act, not for purposes of liability, but to determine the amount of benefits due", Middletown v. Local 1073, 1 Conn. App. 58, 63 (1983). Our chapter 568 Act provides not only wage loss replacement benefits but also payments for specific loss of body members and organs, Franko v. Schollhorn Co., 93 Conn. 13 (1918). The Commissioner's award of a loss of use of the cardiovascular system was such a specific benefit. It was based on testimony proffered by Dr. Peter S. Milstein. So, the trial Commissioner's finding had sufficient evidentiary support.
The September 6, 1985 Finding and Award is affirmed in in all respects.
Commissioners Rhoda Loeb and A. Thomas White, Jr. concur.