In March 2025, the Connecticut Supreme Court issued a decision in Gardner v. Department of Mental Health and Addiction Services that sent ripples through the workers' compensation community. The ruling gave Administrative Law Judges the discretion to continue awarding temporary partial disability benefits even after a claimant had reached maximum medical improvement (MMI). This marked a major departure from how benefits had traditionally been handled—and it didn't sit well with everyone.

Lawmakers took notice. During the 2025 legislative session, the General Assembly passed Public Act 25-12, a sweeping reform designed to clarify—and in some ways, limit—the impact of the Gardner decision. The result is a package of changes that affect not just future claims, but in some cases, claims going back more than three decades.

Here's what you need to know.

1. New Rules for Temporary Partial Disability

For any claim dating back to July 1, 1993, if a claimant is receiving temporary partial disability benefits and reaches MMI, the judge must move the case into the permanency phase. The key word here is must—the discretion granted by the Gardner decision is gone.

However, if a claimant is totally disabled, they may continue receiving total disability benefits, even after reaching MMI. In that respect, Gardner still has some teeth, at least when it comes to total disability cases.

2. Expansion of Permanent Partial Disability Benefits (Effective July 1, 2025)

The permanency schedules under C.G.S. § 31-308(b) are also getting a facelift:

• Cervical spine injuries will now qualify for 208 weeks of compensation, up from 117.

• Two new body systems are being added to the schedule:

  • Esophagus: 180 weeks

  • Intestinal tract: 347 weeks

These are major increases that better reflect the seriousness of injuries involving these body parts and systems.

3. Parents Can Now Recover Death Benefits

In death claims where there's no surviving spouse or dependent, the parents of the deceased worker may now collect 312 weeks of benefits. This represents a significant shift in how Connecticut handles benefit distribution in tragic loss-of-life cases.

4. Additional Post-Specific Benefits Under § 31-308a

Injured workers who can't return to their usual job duties may now qualify for up to 60 additional weeks of benefits beyond their specific disability award. To be eligible, the worker must be:

• Participating in a vocational rehabilitation program or its equivalent, or

• Have completed such a program.

This provision is intended to support workers during the difficult transition between injury and re-employment.

5. A New Focus on Vocational Rehabilitation

The legislation also calls for the creation of a working group to study the availability and funding of vocational rehab services in Connecticut. Lawmakers are considering incentives, such as stipends, to encourage greater participation in these programs. This is a clear signal that vocational rehabilitation is going to play a larger role in the workers' comp system going forward.

6. Retroactivity and Legal Uncertainty

Perhaps the most controversial aspect of the new law is its retroactive application. The requirement to convert temporary partial benefits to permanency after MMI applies to all claims from July 1, 1993 through today. But whether that retroactive component will survive judicial scrutiny remains to be seen.

Connecticut has long followed the “date of injury” rule, which means the law in effect at the time of the injury governs the case. Courts may take issue with applying today's statute to cases from decades ago.

Final Thoughts

Public Act 25-12 represents one of the most substantial updates to Connecticut's workers' compensation system in years. While it reins in parts of the Gardner decision, it also expands benefits in important areas. If you're a claimant, employer, or practitioner, the key takeaway is this: the ground has shifted. And staying informed is more important than ever.

At the Law Offices of James F. Aspell, P.C., we're closely monitoring how these changes will play out in practice. If you have questions about how this new law affects your case—or you're navigating a claim during this transition period—don't hesitate to reach out.