Brymer v. Town of Clinton, 302 Conn. 755, 31 A. 3rd 353 (November 22, 2011)
Prior to the Supreme Court’s pronouncement of the new standard in Ciarlelli v. Hamden, 299 Conn. 265, 300, 8 A.3d 1093 (2010), the CRB had affirmed the trial commissioner’s dismissal of a hypertension claim based on recent CRB precedent. In this case an endocrinologist with whom the claimant had consulted for diabetes told the claimant he should “keep an eye on” his blood pressure because of one high blood pressure reading in June of 2000. However, the claimant’s internist had recorded normal readings on twelve of thirteen occasions between 1995 and 2002.
The trial commissioner found, prior to the Ciarlelli decision, that this one record of an elevated blood pressure constituted notice to the claimant sufficient to trigger §31-294c, even though the physician had testified on cross-examination that, upon review of the other thirteen normal readings over a seven year period, he would not have diagnosed the claimant as hypertensive. TheCRB affirmed the trial commissioner’s holding.
The Supreme Court held that under Ciarlelli, the claimant must have been told by a medical professional that he was suffering from hypertension. Even if the Supreme Court were to accept, as the defendant urged, that the claimant had been put on notice of his hypertension by virtue of his June 2000 examination by the endocrinologist (as suggested by theCRB in a footnote), because the endocrinologist had reversed his own diagnosis in light of the other readings over seven years, there was no medically sufficient evidence to support a finding of hypertension in June 2000. The Supreme Court reversed theCRB with instructions to remand the case to the trial commissioner for further proceedings.