CASE NO. 233 CRD-3-83Workers’ Compensation Commission
NOVEMBER 17, 1986
The claimant was represented by Gerald F. Stevens, Esq.
Respondent-Employer was represented by Keith Bradoc Gallant, Esq.
Respondent Frank B. Hall was represented by Kevin J. Maher, Esq.
This Petition for Review from the May 2, 1983 Finding and Award of the Commissioner At Large, Acting for the Third District was heard July 29, 1983 on a Motion for Judgment and a Motion for Attorney’s Fees by a Compensation Review Division panel consisting of the Commission Chairman, John Arcudi and Commissioners A. Paul Berte and Frank Verrilli.
FINDING AND AWARD
The Finding and Award of the Commissioner At Large, Acting for the Third District, is affirmed and adopted as the Finding and Award of this tribunal.
The matter is remanded to the Third District to take evidence and make findings on the matter of attorney’s fees and interest in conformity with our opinion herein.
OPINION
JOHN ARCUDI, Chairman.
This is a heart and hypertension claim. Claimant, a regular member of West Haven’s paid police department suffered a heart attack August 10, 1982. The respondent municipality had insured itself with CIRMA (Connecticut Interlocal Risk Management Agency) for its Chapter 568 liability but was self-insured for its 7-433c
obligations. In the proceedings below, West Haven attempted to have the Commissioner find that claimant’s heart attack was an injury arising out of the employment and was therefore payable under CIRMA’s Chapter 568 coverage. The Commissioner dismissed any claim against CIRMA and found the City of West Haven liable under 7-433c.
Since this matter was argued before this tribunal, Bakelaar vs. West Haven, 193 Conn. 59 (1984) aff’g 38 Conn. Sup. 359 (1982) has been decided by the Connecticut Supreme Court. Bakelaar holds that no Chapter 568 ruling may be even considered if the claim for benefits is made under 7-433c. Therefore we agree with the trial Commissioner’s dismissal of the City’s Chapter 568 claim.
With respect to the matters raised by the claimant-appellee, attorney’s fees and interest, we remand the matter to the trial Commissioner to hear evidence and make findings on those claims as payment seems to have been long delayed. At the very least the respondents should have withdrawn this appeal and made all payments due immediately after the Supreme Court opinion in Bakelaar on April 24, 1984.
The appeal is dismissed, the Commissioner’s decision affirmed, and the matter is remanded for further proceedings in conformity herewith.
Commissioners A. Paul Berte and Frank Verrilli concur.