CT Supreme Court: Temporary Partial Benefits May Continue After MMI

In what I think is an unprecedented decision, the Connecticut Supreme Court has held that a workers’ compensation commissioner may award ongoing temporary partial incapacity benefits even after a claimant reaches maximum medical improvement (MMI) and becomes eligible for permanent partial disability (PPD) benefits [Gardner v. Department of Mental Health and Addiction Services, 2025 Conn. LEXIS 51 (Mar. 18, 2025)].

Background

In April 2016, Beulah Gardner suffered a compensable work-related injury to her left wrist while employed as a forensic treatment specialist at Whiting Forensic Hospital. After two surgeries, Gardner was assigned permanent work restrictions that prevented her from continuing her job. By March 2020, medical professionals determined Gardner had reached MMI with an 8 percent permanent partial disability rating to her left wrist.

The Department sought to convert Gardner’s temporary partial incapacity benefits to permanent partial disability benefits once she reached MMI. An administrative law judge approved this conversion, ruling he lacked discretion to continue temporary benefits once MMI was reached. Both the Compensation Review Board and the Appellate Court affirmed, concluding the 1993 legislative amendments eliminated the discretion to award ongoing temporary benefits after MMI.

CT Supreme Court Decision

Upon further review, the Connecticut Supreme Court reversed the Appellate Court’s decision and held that administrative law judges do have discretion to award ongoing temporary partial incapacity benefits under Conn. Gen. Stat. § 31-308(a) in lieu of permanent partial disability benefits after a claimant reaches MMI, up to the statutory maximum of 520 weeks.

The Court focused on the statutory language in § 31-308(b), which states an administrative law judge “may, in the administrative law judge’s discretion, in lieu of other compensation” award permanent partial disability benefits. The Court determined that the language was plain and unambiguous, giving ALJs discretion to award either permanent partial disability benefits or to continue temporary partial incapacity benefits after MMI. Accordingly, permanent partial disability benefits were not mandatory when MMI was reached.

The Court relied heavily on its 1943 decision in Osterlund v. State, 129 Conn. 591, 30 A.2d 393 (1943), which interpreted nearly identical statutory language and held administrative law judges have discretion to award ongoing temporary benefits after MMI. The Court noted that despite legislative changes in 1993, the discretionary language in § 31-308(b) had remained essentially unchanged since Osterlund.

The Court rejected arguments that legislative history showed intent to eliminate this discretion, emphasizing that when statutory language is plain and unambiguous, extra-textual evidence should not be considered to create ambiguity.

Comment

In virtually all jurisdictions—actually, I cannot think of an exception—a finding of MMI effectively ends temporary benefits, converting them to permanent partial or permanent total payments. With Gardner, Connecticut now takes a different view. To be sure, the commissioner is not required to continue temporary benefits post-MMI. But under Gardner, he or she may do so, depending on the facts.