223 Conn.App. 221
Conn. App. Ct.2024Background
- Beulah Gardner suffered a compensable work-related injury to her left wrist while employed as a forensic treatment specialist with the Connecticut Department of Mental Health and Addiction Services.
- After a period of treatment including two surgeries, Gardner was found to have reached maximum medical improvement (MMI) with permanent partial impairment and restricted work capacity preventing her return to former duties.
- Gardner had been receiving temporary partial disability (TPD) benefits under Conn. Gen. Stat. § 31-308(a); the employer filed a Form 36 to convert these to permanent partial disability (PPD) benefits under § 31-308(b) following the MMI determination.
- The Workers’ Compensation Commissioner approved the conversion and denied Gardner’s claim for ongoing temporary partial disability benefits post-MMI; this was affirmed by the Compensation Review Board.
- Gardner appealed to the Connecticut Appellate Court, disputing the legal interpretation that reaching MMI precludes ongoing TPD benefits under § 31-308(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can a commissioner award temporary partial disability benefits after maximum medical improvement? | Gardner: Statute and precedent (Osterlund) allow discretion for commissioners to continue TPD benefits post-MMI in lieu of PPD, based on wage loss and earning capacity. | Department: TPD benefits end at MMI; at that point, PPD benefits must begin per statute and legislative changes (1993 repeal of relevant discretion). | Court: No authority to award ongoing TPD benefits post-MMI; PPD benefits are required by statute after MMI. |
Key Cases Cited
- Osterlund v. State, 129 Conn. 591 (Conn. 1943) (historically allowed commissioner discretion to award TPD post-MMI, but that authority was later repealed by statute)
- Panico v. Sperry Engineering Co., 113 Conn. 707 (Conn. 1931) (discusses timing of permanent partial award vesting at MMI)
- Rayhall v. Akim Co., 263 Conn. 328 (Conn. 2003) (prohibits concurrent incapacity and disability benefits, clarifies entitlement triggers)
- Churchville v. Bruce R. Daly Mechanical Contractor, 299 Conn. 185 (Conn. 2010) (explains distinction and timing of incapacity vs. disability benefits under compensation law)
- Starks v. University of Connecticut, 270 Conn. 1 (Conn. 2004) (addresses duration and nature of partial incapacity benefits)
- Testone v. C. R. Gibson Co., 114 Conn. App. 210 (Conn. App. Ct. 2009) (confirms TPD benefits end at MMI)