CRB Case Annotations re: Sections 7-433d

Injury or death of fireman while engaged in fire duties with another company.

Derrane v. Hartford, 5290 CRB-6-07-11 (October 15, 2008), aff’d, 295 Conn. 35 (2010).

CRB reversed trial commissioner’s holding town of West Hartford financially liable for chapter 568 benefits paid to claimant arising from injuries sustained by the claimant while fighting a fire pursuant to a mutual aid call response in West Hartford. At the time the claimant responded he was on duty as a regular member of the Hartford Fire Department, in uniform and took orders as to fire duties from his Hartford Fire Department superior. Hartford argued that under § 7-433d it was entitled to reimbursement from West Hartford. § 7-433d provides that injuries sustained by a member of a uniformed fire department while fighting a fire in another jurisdiction shall be compensable under chapter 568 and shall be the financial liability of the jurisdiction in which the fire occurred. CRB held that the first prong of § 7-433d requiring a member of a uniformed fire department to “offer his services to another fire company” was not met, as claimant never offered his services to West Hartford. The claimant’s participation in the fire fighting activities in West Hartford was at the direction of his supervisor and in response to a mutual aid agreement.