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Biasetti v. City of Stamford8/3/1999
This appeal requires the court to decide whether, under the facts of this case, post-traumatic stress disorder, a mental impairment, is an occupational disease pursuant to General Statutes § 31-275 (15) and is compensable pursuant to § 31-275 (16) (B) (ii) of the Workers' Compensation Act (act). Although we conclude that the disorder is an occupational disease pursuant to § 31-275 (15), we nevertheless determine that it is not compensable because it fails to satisfy § 31-275 (16) (B) (ii).
The record reveals the following pertinent facts. On January 7, 1997, the parties entered into a stipulation of facts, which they submitted to the workers' compensation commissioner (commissioner) for consideration of the following issue: whether the plaintiff's injury and treatment of post-traumatic stress disorder combat fatigue syndrome (PTSD/CFS) is compensable. Thereafter, the commissioner adopted these facts and issued the following decision.
FINDING OF DISMISSAL
"On January 9, 1997 the [defendants ] forwarded to the Seventh District office of the Workers' Compensation Commission a Stipulation of Facts signed by both parties, and based upon the same, the following facts are found:
"1. On or about June 8, 1994, a contract of employment existed between the [plaintiff], William Biasetti, and the [defendant], City of Stamford.
"2. The [plaintiff] has a temporary total disability rate of $638.00 and a permanent partial disability rate of $529.00 as a police officer.
"3. The [plaintiff] is married with no eligible dependents and has a date of birth of December 4, 1958.
"4. On June 8, 1994, the [plaintiff], while working for the [defendant] in his capacity as a police officer, was involved in a high-speed pursuit. The pursuit came to an end in the Town of Fairfield, Connecticut, and a gun battle pursued.
"5. As a result of this pursuit on June 8, 1994, the [plaintiff] was instructed by his supervisor to go to Stamford Hospital for medical treatment with regard to the injuries suffered due to the gun battle.
"6. As a direct result of the gun battle, the [plaintiff] suffered from headaches, upset stomach, a pressure sensation in his right calf and upper leg, and [PTSD/CFS].
"7. The [plaintiff] came under the care of Dr. H. Martin Fuchs of Norwalk, Connecticut, and is still being treated by Dr. Fuchs for the headaches and stomach cramps.
"8. The [plaintiff] was referred to Dr. Steven A. Garrett of Norwalk, Connecticut, with regard to the pressure sensation of his right calf and upper leg.
"9. The [plaintiff] was referred to Dr. Patricia Otis Cook, a psychologist in Darien, Connecticut. The [plaintiff] saw Dr. Cook until about August 15, 1996.
"10. Dr. Cook referred the [plaintiff] to Dr. Joel Albert, a psychiatrist in Weston, Connecticut. The [plaintiff] is still [being treated] and under the care of Dr. Albert.
"11. All medical and hospital and incidental expenses relating to the treatment of the [plaintiff's] disability and injuries have been paid by the [defendant].
"12. The [plaintiff] claims that the injury and treatment of [PTSD/CFS] is an occupational disease as defined by [General Statutes §] 31-275 (15). [PTSD/CFS] is a disease peculiar to the occupation of a police officer, in which the [plaintiff] was engaged and due to causes in excess of the ordinary hazards of employment as such.
"13. On March 7, 1996, the [plaintiff] claimant was operating the [defendant's] vehicle in transporting a prisoner to Stamford Police Department Headquarters. While in the vehicle, the [plaintiff] became dizz
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