5447 CRB-8-09-3 (2010). Luddy v. City of New Britain.

• Court: Connecticut

Connecticut Workers Compensation 2010. 5447 CRB-8-09-3 (2010). Luddy v. City of New Britain CASE NO. 5447 CRB-8-09-3COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSIONAPRIL 12, 2010THOMAS LUDDY CLAIMANT-APPELLANT v. CITY OF NEW BRITAIN EMPLOYER SELF-INSURED RESPONDENT-APPELLEE APPEARANCES: The claimant was represented by Jill Morrissey, Esq., and David J. Morrissey, Esq., Morrissey, Morrissey and Mooney, LLP, 203 Church Street, P.O. Box 31, Naugatuck, CT 06670. The respondent was represented by Seth Feigenbaum, Esq., City of New Britain, 27 West Main Street, New Britain, CT 06051. This Petition for Review from the March 19, 2009 Finding and Dismissal of the Commissioner acting for the Eighth District was heard October 23, 2009 before a Compensation Review Board panel consisting of the Commission Chairman John A. Mastropietro and Commissioners Randy L. Cohen and Stephen B. Delaney. OPINIONJOHN A. MASTROPIETRO, CHAIRMAN. This case on appeal presents a single question of law for our consideration: Did the federal Employee Retirement Income Security Act "ERISA" (29 USC §1001 et seq.) serve to pre-empt state statute requiring a municipality to provide health insurance benefits to an injured worker? The trial commissioner in this matter concluded that it did, and dismissed the claimant's bid for such benefits. Upon review of the relevant federal statute we conclude this decision was in error. Since ERISA exempts governmental entities such as the respondent, we reverse the decision of the trial commissioner and sustain this appeal. The facts in this case are generally not in dispute. The claimant was hired as a firefighter by the City of New Britain in 1966 and successfully passed a pre-employment physical. He was diagnosed with hypertension on or about November 3, 1977. He filed a claim for benefits under § 7-433c C.G.S. which was accepted by the respondent pursuant to a Finding and Award dated April 15, 1986. At the time of his injury the respondent provided the claimant and his family with health insurance and life insurance. The respondent paid the full cost of these benefits up to the date of the claimant's retirement on March 24, 1985. The claimant was subsequently examined and received a permanent partial disability rating. A Supplemental Finding and Award was entered into on October 3, 2006 establishing a compromised rating of 52.5% of the cardiovascular system. This entitled the claimant to 409.5 weeks of compensation at the rate of $147 per week (maximum) commencing February 8, 2005. The claimant believes pursuant to § 31-51h C.G.S. that when he is receiving workers' compensation benefits or heart and hypertension benefits that he is entitled to receive health insurance, dental and all other insurance benefits he had during his employment. The respondent argues this statute was repealed in 1982 as a result of court...