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JAMES STAUROVSKY v. MILFORD
POLICE DEPARTMENT ET AL.
(SC 19682)
Rogers, C. J., and Palmer, Eveleigh, McDonald, Espinosa and Robinson, Js.
Argued January 25—officially released March 7, 2017
David J. Morrissey, for the appellant (plaintiff).
Michael V. Vocalina, for the appellee (defendants).
Opinion
PER CURIAM. The plaintiff, James Staurovsky,
appeals, upon our grant of his petition for certification,1
from the judgment of the Appellate Court, which
reversed the decision of the Compensation Review
Board affirming the decision of the Workers’ Compensa-
tion Commissioner for the Fourth District awarding
heart and hypertension benefits pursuant to General
Statutes (Rev. to 2011) § 7-433c. Staurovsky v. Milford
Police Dept., 164 Conn. App. 182, 209, 134 A.3d 1263
(2016). On appeal, the plaintiff, who is a retired police
officer who had been employed by the named defen-
dant, the Milford Police Department,2 claims that the
Appellate Court improperly concluded that he was not
entitled to heart and hypertension benefits after suffer-
ing a myocardial infarction shortly after his retirement.
Id., 208–209. Specifically, the plaintiff contends that the
Appellate Court improperly followed its decision in
Gorman v. Waterbury, 4 Conn. App. 226, 231–32, 493
A.2d 286 (1985), in determining that General Statutes
(Rev. to 2011) § 7-433c required him to prove that his
heart disease or hypertension caused him to suffer from
death or disability while he was actively employed as
a police officer. Staurovsky v. Milford Police Dept.,
supra, 164 Conn. App. 202–203.
After examining the entire record on appeal and con-
sidering the briefs and oral arguments of the parties,
we have determined that the appeal should be dismissed
on the ground that certification was improvidently
granted.
The appeal is dismissed.
1
We granted the plaintiff’s petition for certification limited to the following
issue: ‘‘Did the Appellate Court correctly determine that the Workers’ Com-
pensation Review Board decision must be reversed because the plaintiff
must prove that he was disabled or die from a condition or impairment of
health caused by hypertension while still employed in order to perfect his
claim for benefits under General Statutes [Rev. to 2011] § 7-433c?’’ Staurov-
sky v. Milford Police Dept., 321 Conn. 915, 916, 136 A.3d 645 (2016).
2
We note that the named defendant’s workers’ compensation administra-
tor, PMA Management Corp. of New England, was also named as a defendant
in the present case. See Staurovsky v. Milford Police Dept., supra, 164 Conn.
App. 184.