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Gillette v. Town of Monroe12/28/1999
The plaintiff, Terry D. Gillette, appeals from the decision of the workers' compensation review board (board) affirming the commissioner's denial of his claim for hypertension and heart disease benefits pursuant to General Statutes § 7-433c. On appeal, the plaintiff contends that under § 7-433c, the commissioner improperly considered information not contained in the preemployment physical examination report furnished to the defendant town of Monroe (town) when he denied the plaintiff's claim, and that the board's affirmance was therefore improper. We reverse the decision of the board and remand the case for further proceedings..
The following facts and procedural history are relevant to our disposition of this appeal. Francis P. A. Williams served as the plaintiff's personal physician from 1947 through the mid-1960s. In 1947, Williams referred the plaintiff to Harris P. Shumacker, a physician who performed excision surgery on the plaintiff for a coarctation of the descending aorta and aneurysm.
In 1965, the plaintiff applied to the town for the position of uniformed police officer. As a candidate for employment with the police department, the plaintiff was required to pass a July, 1965 preemployment physical examination to be performed by the police surgeon, in this case, Williams. Following the completion of the examination, Williams forwarded a letter dated August 2, 1965, to the town's chief of police. The substance of the letter was as follows: "Mr. Terry Gillette was given a preemployment physical examination for the position of probationary patrolman on July 22nd. He was found to be in good physical condition and to meet the requirements for the position." Thereafter, the plaintiff was hired by the town on the recommendation of its police board for the position of uniformed police officer.
The plaintiff's employment continued without medical incident until April 27, 1994, at which time he was diagnosed with aortic valve problems and congestive heart failure, which required aortic valve replacement surgery. Thereafter, on February 2, 1995, the plaintiff learned that he also had hypertension.
In February, 1995, the plaintiff filed a claim for compensation pursuant to § 7-433c, which the defendants timely contested. With respect to heart disease benefits, the plaintiff sought compensation for the aortic valve surgery, including all related medical expenses as well as temporary total disability and permanent partial disability ratings. In addition, the plaintiff sought compensation for expenses related to his hypertension, including medications and a permanent partial disability rating. Hearings were held before the trial commissioner on May 21 and August 26, 1996.
The commissioner made the following relevant findings. At the time of the preemployment examination, the plaintiff and Williams were aware that the plaintiff suffered from congenital heart disease, which required corrective surgery in 1947. Williams was in a unique position as the plaintiff's personal physician for many years and, therefore, possessed knowledge of his pre-existing heart disease and its consequences. This, along with the fact that Williams was the police surgeon and a member of the police board in the 1960s, could not be ignored and separated from his simple summary letter forwarded on behalf of the plaintiff in August, 1965.
The commissioner concluded that because the plaintiff and Williams held specific knowledge of the plaintiff's congenital heart disease, the determination of whether the preemployment physical examination revealed evidence of heart disease should be based on all of the evidence rather than only on Williams' 1965 report. Applying
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