Esposito v. Stamford

Citations

• 350 Conn. 209

Syllabus

The plaintiff, the decedent's surviving spouse, appealed from the decision of the Compensation Review Board. The board had upheld the administrative law judge's denial of an award of statutory (§ 31-308 (b)) permanent partial disability benefits in connection with injuries that the decedent had sustained while working for the Stamford Police Department. The plaintiff claimed, inter alia, that the board had incorrectly concluded that the decedent's entitlement to permanent partial disability benefits did not vest before his death because, prior to his death, the decedent had reached maximum medical improvement as a matter of law, insofar as the decedent previously had been found to have a permanent incapacity qualifying him for statutory (§ 31-307 (c)) total incapacity benefits. Held: A finding of a permanent injury under § 31-307 (c) does not entitle a workers' compensation claimant to permanency benefits under § 31-308 (b) as a matter of law, in the absence of a permanent partial disability rating or an agreement sufficient for a binding meeting of the minds that would furnish a basis for the requisite finding of maximum medical improvement. The decedent's entitlement to permanency benefits under § 31-308 (b) did not vest before his death because the record did not establish that he had reached maximum medical improvement during his lifetime, even though he had been found to have a permanent injury under § 31-307 (c). (Three justices dissenting in one opinion) Argued April 22—officially released August 2, 2024 August 2, 2024, the date that this decision was released as a slip opinion, is the operative date for all substantive and procedural purposes. 210 OCTOBER, 2024 350 Conn. 209 Esposito v. Stamford