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 Emergency Services and Public Protection 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 § 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 § 5-142, he shall notify the member of his decision. The member or the employee organization may then bring the matter before the administrative law judge of the appropriate district to determine if the disability is compensable under chapter 568 or subsection (a) of § 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 § 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 § 5-142 shall apply with regard to the timing of such election.

Terms Used In Connecticut General Statutes 29-4a

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.