CASE NO. 31-CRD-3-80Workers’ Compensation Commission
FEBRUARY 20, 1981
The claimant-appellee was represented by Charles Flynn, Esq. The City of West Haven was represented by Keith Gallant, Esq.
JOHN ARCUDI, COMMISSIONER, GERALD KOLINSKY, COMMISSIONER, ROBIN WALLER, COMMISSIONER
ORDER
This matter is at present on appeal by the City of West Haven, which alleges that Chapter 568 liability should lie against the Insurer Respondent, Covenant Insurance Company.
The Commissioner below found that the claimant, Moore, had passed a pre-employment physical on entry into the service which failed to reveal evidence of hypertension or heart disease. (F-13).
The Commissioner also found that the claimant suffered a heart attack January 12, 1976 while in the service of the Respondent City. (F-14)
The appeal of the City of West Haven does not dispute these findings. Since these are undisputed findings, there is clear liability to pay on the part of the City of West Haven under Sec. 7-433c whether or not as the result of the present appeal, liability may also be found against the Covenant Insurance Company.
Since the liability of the City under Sec. 7-433c is therefore undisputed, it is ordered that the City pay all 7-433c
benefits due, including any benefits due from the period January 13, 1976 to January 9, 1977, and any further benefits which may be due after that date.