CASE NO. 60-CRD-6-81Workers’ Compensation Commission
DECEMBER 29, 1981
The appellee-claimant was represented by Gerald Stevens, Esq.
The appellants-respondents were represented by Edward Krawicki Esq., Corporation Counsel for City of Bristol and James Pomeranz, Esq.
This Petition for Review from the March 12, 1981 Decision of the Commissioner at Large was argued September 18, 1981 before a Compensation Review Division panel consisting of Commissioners John Arcudi, A, Paul Berte, and Robin Waller,
John Arcudi, Chairman, A. Paul Berte’, Commissioner, Robin Waller, Commissioner
FINDING AND AWARD
1-13. Paragraphs 1 through 13 of the Commissioner-at-large’s March 12, 1981 finding and award are affirmed and incorporated herein.
ORDER
Paragraphs (A) and (B) of the commissioner’s order and award are affirmed and adopted as the orders of the compensation review division.
(C) The respondent city is ordered to make the 7-433c payments found to be due.
(D) The matter is ordered remanded to the commissioner at large for further proceedings concerning any liability which might adhere to the respondent city and insurance carrier under chapter 568.
(E) The commissioner at large is ordered to consider the matter of attorney’s fees and interest raised by the claimant at the hearing before the compensation review division.
OPINION
Municipal police and firefighter cases have provided a major source of appeals to this compensation review division. In this instance claimant was employed by the respondent City of Bristol as a firefighter beginning such employment in January, 1972. His pre-employment physical had revealed no evidence of hypertension or heart disease. During the employment claimant suffered a myocardial infarction October 25, 1979. This cardiac condition disabled him from October 25, 1979 on. On this set of facts the commissioner at large who heard the case for the sixth district awarded benefits under sec. 7-433c C.G.S.
The appellant-respondent City of Bristol in its brief and oral argument agrees that it as an employer is obligated to pay under that statute. However, the city argues, citing our decision in Bakelaar v. City of West Haven, 8 CRD-3-80, that evidence was taken at the hearing before the commissioner below arguably purporting to show that the myocardial infarct was an injury arising out of and in the course of employment. For such an injury the employer’s obligation to pay could be on the respondent Hartford Insurance Group with whom the city had insured its full chapter 568 workers’ compensation liability. The respondent Hartford Insurance Group argues that the commissioner below considered the chapter 568 argument and impliedly dismissed it by only awarding sec. 7-433c benefits.
The issues thus presented are very similar to Bakelaar. The Bakelaar matter is now on appeal. So is Regis Derosiers v. Town of Monroe et als. 7 C.L.T. No. 20. (May 18, 1981) a decision seemingly inconsistent with Bakelaar. But until a higher tribunal decides otherwise we feel bound by the Bakelaar precedent.
Therefore, the matter is remanded to the commissioner below for further proceedings, including the taking of more evidence if necessary to determine whether or not there is chapter 568 liability against the city and the insurer respondent. However, since there is no question of 7-433c liability, claimant’s Motion for Judgment Directing Compliance With Award Insofar as Section 7-433c is Concerned filed July 23, 1981 is granted. The city is ordered to pay the 7-433c benefits awarded in the commissioner’s finding and award.