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Workers' Compensation Law Supreme Court Opinions

by Oumano, Emily

 

SC20928 - Esposito v. Stamford (“In this appeal, we consider whether a finding of a ‘permanent’ injury entitling a workers’ compensation claimant to total incapacity benefits under General Statutes § 31-307 (c) means that the claimant has reached maximum medical improvement as a matter of law, thus also entitling the claimant to permanent partial disability benefits (permanency benefits) under General Statutes § 31-308 (b). The plaintiff Roseann Esposito, who is the surviving spouse of the decedent and original plaintiff, Robert Esposito, appeals from the decision of the Compensation Review Board (board) affirming the decision of the administrative law judge for the Seventh District of the Workers’ Compensation Commission (commission), who denied an award of permanency benefits. The board based its affirmance on its determination that the decedent had not reached maximum medical improvement during his lifetime. On appeal, the plaintiff claims, among other things, that the decedent, who had been employed as a police officer for the named defendant, the city of Stamford (city), had reached maximum medical improvement prior to his death as a matter of law, insofar as he had been found to have a permanent incapacity qualifying him for benefits under § 31-307 (c). Guided by this court’s recent decision in Brennan v. Waterbury, 331 Conn. 672, 697, 207 A.3d 1 (2019), we disagree with the plaintiff and, accordingly, affirm the decision of the board.”)