Esposito v. Stamford

Summary

The court affirmed the denial of posthumous permanent partial disability benefits because the decedent's finding of permanent total incapacity did not by itself establish maximum medical improvement for purposes of permanent disability benefits. The court held that entitlement required a permanent partial disability rating or an agreement establishing the degree of permanency, and the record contained neither. Justice Ecker, joined by Justices McDonald and Alexander, dissented, maintaining that the administrative law judge's factual finding of maximum medical improvement was entitled to deference.