Churchville v. Bruce R. Daly Mechanical Contractor
299 Conn. 185
| Conn. | 2010Background
- Plaintiff, Francis J. Churchville, Jr., sustained compensable right shoulder and lumbar spine injuries in 1997 while employed by Daly.
- He received temporary total incapacity benefits while healing and undergoing evaluations for work capacity.
- MMI for lumbar spine and right shoulder was found in 2007, with 32% lumbar and 10% shoulder permanent partial impairment per physicians.
- Daly sought to discontinue TTI and begin permanent partial disability benefits based on medical esp. evaluations; commissioner ordered an independent exam.
- Plaintiff died on February 28, 2008 while TTI benefits were still being paid; his estate and wife pursued differing entitlement questions.
- Board affirmed that vesting of permanent partial disability benefits occurred at MMI, allowing benefits to survivor as per statute; the appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PP disability rights vest without an affirmative employee request. | Churchville argues vesting occurs at MMI, not contingent on request. | Daly contends vesting requires an affirmative request prior to death. | Vesting occurs at MMI; no affirmative request required. |
| Whether the surviving spouse is entitled to the employee’s PP disability benefits when vesting occurred before death. | Surviving spouse entitled under §31-308(d) to awards the employee would have. | entitlement should hinge on employee's explicit request or status as dependent. | Surviving spouse entitled to PP disability benefits; benefits awarded to Margery Churchville. |
Key Cases Cited
- McCurdy v. State, 227 Conn. 261 (1993) (vesting of disability benefits when MMI reached; discretionary rejection if no request; employee’s death does not bar vesting)
- Panico v. Sperry Engineering Co., 113 Conn. 707 (1931) (PP award due upon maximum improvement; early framework for vesting)
- Osterlund v. State, 129 Conn. 591 (1943) (discretion to continue total disability payments after MMI in certain cases)
- Stapf v. Savin, 125 Conn. 563 (1939) (earlier view on Panico limitations; context for vesting)
- Cappellino v. Cheshire, 226 Conn. 569 (1993) (distinction between incapacity and disability benefits; vesting considerations)
- Rayhall v. Akim Co., 263 Conn. 328 (2003) (distinction between compensation types; injury vs impairment)
- Bassett v. Stratford Lumber Co., 105 Conn. 297 (1926) (beneficiaries include dependents; legislative framework for survivors)