The legislative body voted Tuesday night to approve a $36,724 appropriation request from the Town Attorney's Office to cover the cost of the settlement agreement for the heart and hypertension claim of James Baker.

Last month, the RTM approved $187,500 to settle the heart and hypertension case of retired Inspector Robert L. Hallock Jr., and in February, Public Safety Officer Robert L. Merritt received $30,202 to settle his heart and hypertension claim.

In the most recent heart and hypertension case, the town tried to defend Baker's claim by arguing his claim was filed too late. Attorney Gene Cederbaum, on Feb 21, received the Workers' Compensation Commission decision regarding Baker's case. The decision was in favor of Baker and the case had been tried before commissioner Nancy Salerno in Bridgeport. Salerno found that Baker's claim was compensable and that his initial partial permanent disability was 10 percent.

Cederbaum told First Selectman Gordon Joseloff, in a Feb. 22 memo, "The decision was rendered notwithstanding the fact that on seven different occasions between 1981 and 1990, Dr. David Beck took blood pressure readings indicating that Baker was suffering from hypertension. The finding of compensability was also made even though there was arguably 'evidence of compensation' at the time Mr. Baker underwent his pre-employment physicals.

"The trial commissioner nonetheless found that Mr. Baker was never expressly informed that he had hypertension and never was prescribed medication before he saw his cardiologist in 2003. The commissioner did not find compelling the fact that Mr. Baker taught the course for certification as a medical response technician at the Police Department for six years, was himself re-certified every third year as an MRT and that the curriculum contained instruction as to how to take blood pressures."

Cederbaum added, "I had introduced this evidence for the purpose of establishing that Mr. Baker had reason to know that his blood pressure between 1981 and 1990 was hypersensitive. Despite evidence to the contrary, the commissioner concluded that the town failed to establish that Mr. Baker was diagnosed with or knew or had a reasonable basis to know that he had hypertension more than one year prior to filing his claim."

Cederbaum said Salerno's decision is "definitely disappointing." The RTM approved the $30,202 for Baker by unanimous vote.

$50,000 Gift

In other RTM news, the town body approved the acceptance of a gift of $50,000 for distribution to several escrow accounts managed by the Department of Human Services, as recommended by Human Services Director Barbara Butler, in accordance with the town policy on acceptance of gifts. The $50,000 will be divided up among the following escrow accounts: Families in Need, $15,000; Senior Client Needs, $15,000; Project Go, $10,000; Warm-Up Fund, $5,000; and Home Delivered Meals, $5,000. The $50,000 was donated by a Westport resident who wishes to remain anonymous, according to a Feb. 6 memo Butler sent to First Selectman Gordon Joseloff.

The RTM did not act on proposed revisions to the Streets and Sidewalks Ordinance, as the language is still being worked out, according to RTM Moderator Alice Shelton. Officials from the Public Works Department, as well as Town Engineer Daniel Delehanty, believe many aspects of the current ordinance are extremely vague, contradictory or outdated. Delehanty believes an ordinance with more specific language will allow for greater enforcement of sidewalk repair or replacement by commercial business owners.

According to RTM background information provided by the Town Clerk's Office, "given the increasing public demand for safe pedestrian and vehicular access, the ever present potential for personal injury lawsuits and the transferal or responsibility for sidewalks within state rights-of-way to the municipalities, a strengthened ordinance will provide the Department of Public Works the tools it needs to enforce appropriate compliance."

Under the revised streets and sidewalks ordinance, the fine for those who refuse to improve the sidewalks in front of their establishments would be increased from $5 a day to $90 per day. In addition, there is a proposal to increase the cost for an excavation permit from the current $25 to $50.