Mar 6, 2008
by Patricia Gay

The Board of Selectmen has not decided how it will fund a $52,852 payment to a police employee who has an outstanding heart and hypertension claim with the town.

At the selectmen’s meeting Feb. 28, the board went into executive session to discuss whether it should request a supplemental appropriation from the finance board to make the payment.

Attorney Scott Williams, who represents the town in this matter, met with the selectmen in executive session, but at the end, the board made no decision.

“At this point in time, it may be premature to ask for a supplemental appropriation. Things will come more into focus by June 30, the end of the fiscal year,” said Tom Landry, town administrator.

He said the payment on the claim was already made, so the only issue under review was where in the budget the payment should come from.

Mr. Landry had originally planned to transfer the payment from the police salaries line in the 2007-08 budget, but when the selectmen were reviewing the upcoming 2008-09 budget, they noticed the transfer and questioned whether such a payment should be made from the salaries line.

“I think something like this should have its own line in the budget and not be part of salaries,” Selectman W. Glenn Major said at the time of the budget review.

The claim was made by a Weston police officer under Connecticut General Statute 7-433c, commonly referred to as the “Heart and Hypertension” statute.

The statute allows police officers or firefighters hired before 1996 to claim a special benefit if they become partially or totally disabled as a result of hypertension or heart disease.

How much compensation the officer or firefighter receives under the special benefit depends on a variety of factors, including age, scope of the disease, and length of service.

While the town of Weston concedes it owes a benefit to the officer under the claim, Mr. Landry said the town does not necessarily agree with the number affixed to that benefit.

He said the town’s physician disagrees with the officer’s physician about the percentage of the officer’s impairment, and the selectmen are deciding whether to appeal the amount of the claim with the state.

In a show of good faith, the town is making payments on the claim — in line with the town physician’s findings, Mr. Landry said. In addition to the $52,852 payment, the town has made one other payment for around $18,000.

Adjustment

Last November, while discussing the town’s budget surplus and capital expenses with the selectmen, Mr. Landry recommended putting $400,000 aside to pay for the heart and hypertension claim.

Since then, Mr. Landry has revised his estimate downward.

“I have since found out that the state has a cap in its formula for calculating heart and hypertension claims. At the most, I believe this claim would cost the town around $283,000, not $400,000,” Mr. Landry said.

The issue will be further discussed at upcoming selectmen’s meetings, Mr. Landry said.

© Copyright 2008 by Hersam Acorn Newspapers