Battaglia v. Waterbury Retirement Board
In Battaglia v. Waterbury Retirement Board, 1672, Superior Court, judicial district of Waterbury, Docket No. 123090 (June 5, 1995), the plaintiff, a Waterbury firefighter, appealed from the decision of the Waterbury board of retirement that awarded him a disability pension. The decision in that case supports the plaintiff's argument here that he should receive at least some additional pension because of his disability.
In Battaglia, the trial court upheld a decision of this same board that awarded only a 2 percent increase in a firefighter's retirement pay because of his disability.
The trial court in Battaglia stated: "The fact that Mr. Battaglia received only 2 percent more under a disability retirement than he would have received under normal retirement on the same date does not persuade this court that the board's assessment of his disability pension was arbitrary, clearly erroneous, or an abuse of discretion."
The plaintiff argued that the disability award of 2 percent was minimal based on the medical evidence presented to the board. The firefighter in Battaglia had an initial disability award above and beyond his normal retirement pension, and his position was that the amount of the award was too small based on the extent of his disability.
Battaglia proposes that, when a board awards an amount for disability that is over and above what would have been awarded at normal retirement, the board has the discretion to determine what the increased percentage will be.