Brennan v. City of Waterbury
207 A.3d 1
| Conn. | 2019Background
- Thomas Brennan, Waterbury fire chief, suffered an on-duty heart attack (1993) and filed a claim under Conn. Gen. Stat. § 7-433c for heart/hypertension benefits; a 1993 commissioner order found him entitled to benefits "he is or may become entitled".
- Negotiations over permanency and payment continued; Brennan took disability retirement (1995). The city made partial lump‑sum payments (1997, 1999) but no full, signed settlement was reached; temporary total incapacity benefits were paid from Feb 19, 2003 until Brennan’s death on Apr 20, 2006.
- Brennan’s treating physician had assigned an 80% permanency rating in 1995; a postmortem opinion in 2013 suggested 90%. No voluntary agreement fixing permanency was submitted or approved during Brennan’s lifetime.
- In 2013 the attorney moved to substitute Janet Brennan as executrix of the estate (and individually); the commissioner allowed substitution of the executrix and later (2015) awarded 80% permanent partial disability benefits, finding maximum medical improvement on Oct 13, 1993, but initially said benefits were payable to Janet Brennan individually, then corrected to name her as executrix.
- The Compensation Review Board vacated the commissioner’s substitution of the executrix and beneficiary designation, relying on Morgan v. East Haven to hold that an estate cannot receive vested but unpaid § 7-433c benefits, and remanded for determination of the proper recipient and related calculations.
- The Supreme Court reversed the board insofar as it held substitution improper, held that matured § 7-433c benefits may pass to an estate, but remanded because the record lacked necessary findings to determine whether the benefits had matured before Brennan’s death.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an estate may receive vested but unpaid § 7-433c (heart/hypertension) benefits | Estate (Brennan) argues matured benefits vested at MMI and thus pass to estate | City argues Morgan bars estates from receiving § 7-433c benefits and benefits here had not matured | Court: Matured § 7-433c benefits may pass to estate; Morgan limited to unmatured benefits |
| Whether the particular benefits here had "matured" before decedent's death | Brennan: MMI (Oct 13, 1993) fixed rights; had city paid timely, benefits would have been fully paid in life | City: Degree of permanency wasn’t fixed; no binding agreement; claimant negotiated for lump sum, so payments were not due | Court: Maturit y requires degree of permanency fixed by award or binding agreement; record lacks findings to show maturity; remand for factfinding |
| Whether the appeal should be dismissed for lack of standing because appellant listed individually | Brennan: appeal was intended as executrix; filings show representative capacity | City: form lists Brennan individually, so no standing | Court: Rejects dismissal; substance over form shows executrix appealed |
| Effect of legislative response to Morgan (P.A. 89-346) on distribution of matured benefits | Brennan: Legislative changes did not eliminate estate rights to matured benefits; they expanded recipients of unmatured benefits | City: Legislative changes support limiting benefits to dependents/nondependent children, not estates | Court: P.A. 89-346 did not abrogate long-standing rule that matured workers’ comp benefits pass to estate; legislative history supports treating § 7-433c and workers’ comp distribution similarly |
Key Cases Cited
- Morgan v. East Haven, 208 Conn. 576 (Conn. 1988) (held unmatured § 7-433c benefits go to dependents, not estates)
- Bassett v. Stratford Lumber Co., 105 Conn. 297 (Conn. 1926) (unmatured portion of a periodic award does not pass to estate)
- Greenwood v. Luby, 105 Conn. 398 (Conn. 1926) (accrued but unpaid compensation that matured in claimant’s lifetime is an asset of the estate)
- Jackson v. Berlin Construction Co., 93 Conn. 155 (Conn. 1918) (accrued compensation unpaid at death becomes estate asset)
- Finkelstone v. Bridgeport Brass Co., 144 Conn. 470 (Conn. 1957) (estate’s right to awards that accrued during decedent’s life)
- Churchville v. Bruce R. Daly Mechanical Contractor, 299 Conn. 185 (Conn. 2010) (permanent disability vests at maximum medical improvement; entitlement depends on both permanency and extent)