Susan Marandino v. Prometheus Pharmacy — Katz, J., concurring

Summary

Justice Katz, joined by the Chief Justice, concurred in the result but rejected the majority’s broader statutory analysis. She would affirm the award of total incapacity benefits on the narrower ground that the plaintiff’s deteriorating condition after the voluntary agreement constituted a changed condition of fact permitting modification under § 31-315, even though no formal motion to modify was filed. She would leave unresolved whether total incapacity benefits are available without a changed condition. The concurrence therefore agrees with the majority’s disposition while contesting the breadth of its reasoning.