Esposito v. Stamford

Summary

The court affirmed the Compensation Review Board’s denial of permanent partial disability benefits to the decedent’s surviving spouse. It held that a finding of permanent injury supporting total incapacity benefits does not, by itself, establish maximum medical improvement or vest entitlement to permanent partial disability benefits; the record needed a permanent partial disability rating or an agreement establishing the degree of permanency. The court therefore did not reach the plaintiff’s claims concerning dependent status or credits for incapacity benefits. Justice Ecker, joined by Justices McDonald and Alexander, dissented and would have treated the administrative law judge’s finding of permanency as sufficient to vest the benefits.