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Gillette v. Town of Monroe12/28/1999
benefits is compensable because his preemployment physical examination failed to reveal any evidence of heart disease.
Although the defendants did not argue against it, we also point out, for the benefit of future proceedings, that the portion of the plaintiff's claim relative to hypertension benefits also is timely. Again, the plaintiff filed his claim in February, 1995. The stipulation of facts entered into by the parties and made a part of the commissioner's finding and dismissal, states that the plaintiff learned of his hypertension condition that same month, well within the one year period preceding the filing of his claim. Thus, the claim is timely. Furthermore, because our analysis in part I regarding heart disease is equally applicable to the determination of whether the 1965 examination revealed evidence of hypertension, we conclude that the plaintiff's examination revealed no such evidence. Therefore, the plaintiff's claim for hypertension benefits also is compensable.
B.
The defendants also argue that because the plaintiff's preemployment physical examination revealed evidence of heart disease, the plaintiff is precluded from recovering benefits for hypertension as well as heart disease. In support of their argument, the defendants rely on the rationale of Suprenant v. New Britain, supra, 28 Conn. App. 759, for the proposition that if evidence of either hypertension or heart disease is revealed by the preemployment physical examination, the plaintiff is barred from claiming benefits for either condition. In light of our conclusion in part I, we conclude that this ground for affirmance also has no merit.
The decision of the workers' compensation review board is reversed and the case is remanded to the board with direction to remand the matter to the trial commissioner for a determination of the amount of compensation.
In this opinion the other judges concurred.
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