Connecticut High Court Give ALJ Discretion

 

Connecticut High Court Okays Admin Law Judge WC Discretion

  • The Connecticut Supreme Court has ruled that a state administrative law judge has the discretion to award a workers compensation claimant, when they reach maximum medical improvement (MMI) at which point they become eligible for permanent partial disability benefits.
  • The recent decision reversed both a 2024 judgment of the Appellate Court and an earlier Compensation Review Board ruling that favored the injured worker’s employer, the state Department of Mental Health and Addiction Services, which argued there is no such discretion.
  • The plaintiff, Beulah Gardner, had been receiving temporary partial incapacity benefits following a work-related injury. Upon reaching MMI, her employer requested that these benefits be converted to permanent partial disability benefits.
  • The administrative law judge granted the request, and the Compensation Review Board upheld the decision.
  • The Appellate Court affirmed, concluding that an ALJ lacks the authority to continue temporary benefits once MMI is reached.​
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