Rizzo v. State of Connecticut/Judicial Dept., 3522 CRB-6-10-1 (2011)
Jan 10, 2011OUTCOME: Attorney Russo successfully argued that the holding of the trial commissioner should be affirmed.
This is the first CRB decision applying Ciarlelli v. Hamden to hold a § 5-145 a claim was timely. The CRB upheld the Commissioner's finding that a diagnosis of hypertension did not start the running of ... the statute of non-claim for a subsequent heart attack. The CRB also upheld the Commissioner's finding that evidence of prior heart symptoms and hypertension was not sufficient to rebut the presumption of compensability under the statute. The CRB noted that the Commissioner's decision was supported by persuasive medical testimony that a patient is not considered to have coronary artery disease until atherosclerosis progresses to the point of producing symptoms.
