Sec. 29-4a. Death or disability from hypertension or heart disease. Compensation.
Sec. 29-4a. Death or disability from hypertension or heart disease. Compensation. Any condition of impairment of health caused by hypertension or heart disease
resulting in total or partial disability or death to a member of the Division of State Police
within the Department of Public Safety who successfully passed a physical examination
on entry into such service, which examination failed to reveal any evidence of such
condition, shall be presumed to have been suffered in the performance of his duty and
shall be compensable in accordance with the provisions of section 5-142 for a period
of three months. If, at the end of that period, the administrator of the state's workers'
compensation claims wishes to contest whether the disability occurred in the actual
performance of police duty as defined in subsection (a) of section 5-142, he shall notify
the member of his decision. The member or the employee organization may then bring
the matter before the workers' compensation commissioner of the appropriate district
to determine if the disability is compensable under chapter 568 or subsection (a) of
section 5-142. A member who has suffered such total or partial disability shall have the
right to elect to receive either (1) the compensation indicated in section 5-142, or (2)
the benefits produced under chapter 568 and the state employees retirement system, but
not both. The provisions of subsection (a) of section 5-142 shall apply with regard to
the timing of such election.
(1959, P.A. 246, S. 1; P.A. 77-614, S. 486, 610; P.A. 85-510, S. 1, 35.)
History: P.A. 77-614 made state police department a division within the department of public safety, effective January
1, 1979; P.A. 85-510 added provisions re compensation for disability and deleted provision that nothing in this section
shall be construed to affect the provisions of chapter 568.
State police trooper employed by Department of Public Safety does not have an election of remedies as between Secs.
5-145a and 29-4a; rather, trooper must proceed under Sec. 29-4a. 70 CA 321.