Grover v. Town of Manchester
| Citation | 353 A.2d 719,165 Conn. 615 |
| Court | Supreme Court of Connecticut |
| Decision Date | 19 December 1973 |
| Parties | Muriel GROVER v. TOWN OF MANCHESTER. |
Thomas P. FitzGerald, Manchester, with whom were Philip Bayer, Manchester, and, on the brief, Herbert A. Phelon, Jr., Manchester, for appellant (plaintiff).
Maurice T. FitzMaurice, Hartford, and David M. Barry, Town Counsel, Manchester, for appellee (defendant).
Before HOUSE, C.J., and SHAPIRO, LOISELLE, MacDONALD and BOGDANSKI, JJ.
This is an appeal by the plaintiff, the widow of a member of the police department of the defendant town of Manchester, from a judgment rendered for the defendant after the trial court had sustained its demurrer to the plaintiff's complaint.
The plaintiff's husband died from heart disease while serving as a uniformed regular member of the Manchester police department and the plaintiff, his dependent at the time of his death, brought an action for compensation under the provisions of § 7-433c of the General Statutes, enacted as Public Act No. 524 of the Public Acts of 1971, which provides, in relevant part, as follows: 'Notwithstanding any provision of chapter 568 . . . in the event . . . a regular member of a paid municipal police department who successfully passed a physical examination on entry into such service, which examination failed to reveal any evidence of hypertension or heart disease, suffers either off duty or on duty any condition or impairment of health caused by hypertension or heart disease resulting in his death . . . his dependents . . . shall receive from his municipal employer compensation . . . in the same amount and the same manner as that provided under chapter 568 if such death . . . was caused by a personal injury which arose out of and in the course of his employment and was suffered in the line of duty and within the scope of his employment.'
The complaint, which simply alleged the undisputed facts that the plaintiff's decedent prior to his employment by the defendant, had successfully passed a physical examination which failed to reveal any evidence of hypertension or heart disease, and that he was employed by the defendant as a police officer when he died from an acute myocardial infarction or heart disease, sought an order requiring the defendant to pay to the plaintiff the benefits to which she claimed to be entitled 'under said Public Act No. 524.' The defendant demurred on three grounds, the first, which was sustained by the trial court, being: Chapter 568 is the Workmen's Compensation Act, and the sole issue thus raised is whether the court erred in ruling that the plaintiff had no recourse to the courts under § 7-433c unless the requirements of the Workmen's Compensation Act first had been met.
The plaintiff, in arguing that the statute does not require proceedings under the Workmen's Compensation Act and that it...
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Bakelaar v. City of West Haven
...from decisions involving awards under § 7-433c as well as those arising under the Workers' Compensation Act. In Grover v. Manchester, 165 Conn. 615, 617-18, 353 A.2d 719 (1973), we determined that "[n]othing, however, in its legislative history or in its statement of purpose ... persuades u......
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Maciejewski v. Town of West Hartford
...to the city's argument is that ... § 7-433c entitles the plaintiff to receive workmen's compensation benefits; Grover v. Manchester, 165 Conn. 615, 617-18, 353 A.2d 719 (1973); and that is indeed what she has been receiving and continues to receive." Pyne v. New Haven, supra, 177 Conn. 461-......
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Collins v. City of West Haven
...68, 475 A.2d 283, quoting Plainville v. Travelers Indemnity Co., supra, 178 Conn. at 671-72, 425 A.2d 131; see Grover v. Manchester, 165 Conn. 615, 617-18, 353 A.2d 719 (1973); Cuccuro v. West Haven, 6 Conn.App. 265, 267, 505 A.2d 1 cert. denied, 199 Conn. 804, 508 A.2d 31, 199 Conn. 805, 5......
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Hyatt v. City of Milford
...compensation commissioner who has primary jurisdiction over heart and hypertension claims under § 7-433c, citing Grover v. Manchester, 165 Conn. 615, 353 A.2d 719 (1973). The plaintiff appeals from the granting of the motion to "It is a well settled principle of administrative law that a pa......