Posthumous Disability Claims and the MMI Barrier

In a recent decision, the Connecticut Compensation Review Board (CRB) reinforced a critical limitation in the state’s workers’ compensation system: permanent partial disability (PPD) benefits cannot be awarded if an injured worker dies before reaching maximum medical improvement (MMI).

The case, Fioravanti v. NCR Corporation, serves as a reminder that timing and documentation are essential when seeking workers’ compensation benefits.

Case Summary

Mark Fioravanti suffered a work-related knee injury while employed at NCR Corporation. He underwent a total knee replacement in 2019. While he was recovering, the COVID-19 pandemic disrupted his follow-up care, and before his treating physician could determine that he had reached MMI, Mr. Fioravanti died unexpectedly in October 2020.

After his death, the physician issued a posthumous report assigning a 40 percent permanent impairment rating to his knee. His widow, as executrix of his estate, sought unpaid PPD benefits under Connecticut General Statutes § 31-308(b). The CRB upheld the trial commissioner’s dismissal of the claim.

Key Legal Finding

The Board ruled that Fioravanti never legally “reached” MMI during his lifetime. Therefore, his right to permanent partial disability benefits had not vested. Although the physician gave a reasonable postmortem estimate of impairment, the Board found the rating speculative and insufficient under Connecticut law.

This decision is consistent with prior Connecticut Supreme Court rulings, including McCurdy v. State and Churchville v. Bruce R. Daly Mechanical Contractor, which established that the right to PPD benefits only becomes enforceable once a claimant has reached MMI during their lifetime.

Legal Takeaways

• MMI is a legal milestone. Until a physician establishes it during the worker’s life, no permanent disability benefits can be awarded.

• Posthumous medical opinions—no matter how well-reasoned—will not create a legal entitlement to benefits unless MMI was reached before death.

• The doctrine of “frustration of purpose” (such as delays caused by the COVID-19 pandemic) does not override the statutory requirement for in-life MMI documentation.

What This Means for Workers and Families

If a worker is seriously injured and may not survive, it is critical to coordinate with treating physicians to document maximum medical improvement if it has occurred. Without it, the estate may lose access to otherwise significant PPD benefits.

This case underscores the importance of proactive communication, detailed medical documentation, and early legal involvement in complex claims. At our firm, we work to ensure that all benefits to which an injured worker is entitled are preserved—and that claims are supported by the timely evidence needed under Connecticut law.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. For legal help, consult a licensed attorney.