Election of Remedies Connecticut Workers Compensation
"In Bakelaar v. West Haven, 193 Conn. 59, 66-69, 475 A.2d 283 (1984), our Supreme Court concluded that a municipal firefighter or police officer suffering from hypertension or heart disease could elect whether to proceed under General Statutes 7-433c, which specifically addresses such a claim for benefits, or under chapter 568, the traditional workers' compensation law." Jones v. Mansfield Training School, 220 Conn. 721, 730, 601 A.2d 507 (1992).
In this case, the plaintiff exercised his right and elected 7-433c benefits; he requested the award, signed the finding and award and accepted the benefits.
The record is devoid of any indication that the plaintiff made this n involuntarily or without full knowledge of the consequences.
The commissioner specifically found, in denying the plaintiff's motion to open, that "the plaintiff elected to receive benefits under General Statutes 7-433c."
The filing of a form 30C notice of claim serves to state a claim either under chapter 568 or 7-433c.
The Workers' Compensation Act; General Statutes, tit. 31, c. 568; "was enacted to provide compensation for any injury arising out of and in the course of employment, without regard to fault, by imposing a form of strict liability on the employer." Collins v. West Haven, 210 Conn. 423, 425, 555 A.2d 981 (1989).
"Heart disease and hypertension are just some of the many ailments compensable under the act. . . . In order to recover under chapter 568 . . . the employee must prove that the injury claimed arose out of the employment and occurred in the course of the employment. . . . Section 7-433c, on the other hand, was enacted to provide special compensation to qualifying policemen and firemen who die or become disabled as a result of hypertension or heart disease . . . and requires the employer to pay compensation to those officers who have successfully passed a physical examination which failed to reveal any evidence of hypertension or heart disease at the time of entering employment and who subsequently die or are disabled as a result of such conditions whether or not the condition occurred in the line and scope of his employment. . . . An employee may . . . elect to proceed under either chapter 568 or 7-433c." Id., 426-27.