Connecticut bill amendment addresses high court decision on disability

Connecticut lawmakers on Monday adopted amendments to a budget bill to address a recent state Supreme Court decision allowing judges to award temporary disability benefits after a worker reaches maximum medical improvement.

The high court in Gardner v. Department of Mental Health and Addiction Services on March 18 said the “clear and unambiguous language (in state law) gives an administrative law judge the discretion to award a claimant, after he or she reaches maximum medical improvement, ongoing temporary partial incapacity benefits… in lieu of permanent partial disability benefits… up to the statutory maximum of 520 weeks.”

On Monday, lawmakers approved an amendment to H.B. 6863 to address the holding in Gardner, adding language that would declare an injured worker who continues to be totally disabled after reaching maximum medical improvement — typically triggering the transition to permanent disability benefits — shall continue to receive total disability benefits until the period of incapacity ends.

Both the state House of Representatives and the Senate passed the amended bill Monday, allowing it to be sent to the governor for approval.

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