Active Care Chiropractic, Inc. v. Rudd

556 S.W.3d 561
CourtMissouri Court of Appeals
DecidedSeptember 27, 2018
Docket2017-SC-000377-WC
StatusPublished
Cited by9 cases

This text of 556 S.W.3d 561 (Active Care Chiropractic, Inc. v. Rudd) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Active Care Chiropractic, Inc. v. Rudd, 556 S.W.3d 561 (Mo. Ct. App. 2018).

Opinion

OPINION OF THE COURT BY JUSTICE VANMETER

*563KRS 1 342.730(1)(c)2 states: "During any period of cessation of ... employment, temporary or permanent, for any reason, with or without cause, payment of weekly benefits for permanent partial disability during the period of cessation shall be two (2) times the amount otherwise payable[.]"2 The sole issue for this Court on appeal, an issue of first impression, is whether the two-multiplier under KRS 342.730(1)(c) 2 applies to a claimant's benefits when that claimant returns to work and later retires for reasons not solely related to the work-related injury itself. We hold that in such circumstances the two-multiplier must be applied to comply with the unambiguous language of KRS 342.730(1)(c) 2. Accordingly, we affirm.

I. FACTUAL BACKGROUND.

The facts in this case are not in dispute. Active Care Chiropractic employed Katherine Rudd part-time. One day, while taking out the trash at work, she slipped and fell, injuring her shoulder. After three shoulder surgeries, she returned to work. About a year after her return to work, she voluntarily retired, for reasons not solely related to the work-related injury. At her Formal Hearing Rudd stated:

It was not due to the accident, not directly. I was turning sixty, and I'd never had any medical problems before. This kind of made me re-evaluate things. I decided I wanted to spend what quality years I have left doing things that provide the greatest satisfaction, and decided that being a secretary just wasn't doing it for me anymore. So I retired.

At Rudd's Benefit Review Conference, the parties agreed that the only issue before the ALJ was the correct multiplier to be applied to Rudd's benefits. The ALJ acknowledged that the parties originally agreed that no multiplier would apply. But Rudd argued that changes in the caselaw placed the modifier application at issue.

Rudd referred to our recent decision in Livingood v. Transfreight, LLC, 467 S.W.3d 249 (Ky. 2015), which overruled the holding in Chrysalis House, Inc. v. Tackett, 283 S.W.3d 671 (Ky. 2009), that a work-related disability must be the reason for an employee's cessation of employment in order to afford application of the two-multiplier. Instead, Livingood held that " KRS 342.730(1)(c) 2 permits a double income benefit during any period that employment at the same or a greater wage ceases 'for any reason, with or without cause,' except where the reason is the employee's conduct shown to have been an intentional, deliberate action with a reckless disregard of the consequences either to himself or to another." 467 S.W.3d at 259 (quoting KRS 342.730(1)(c) 2).

Rudd argued that, since her cessation from work was not due to intentional or reckless misconduct, that being the only restriction on a claimant's ability to recover under the statute, she should be entitled to the two-multiplier. In other words, because voluntary retirement constitutes a "cessation of employment ... for any reason"

*564and does not constitute intentional or reckless misconduct under Livingood, she qualified for the two-multiplier.

The ALJ agreed, concluding she was "bound by the plain wording" of the statute and this Court's holding in Livingood, with the only purported restriction on application of the two-multiplier being the employee's intentional or reckless misconduct. The Workers' Compensation Board ("Board") and the Court of Appeals affirmed the ALJ's decision. Active Care Chiropractic's ("Active Care") appeal to this Court followed. See Ky. Const. § 115.

II. STANDARD OF REVIEW.

We review statutory interpretation de novo. Cumberland Valley Contractors, Inc. v. Bell Cty. Coal Corp., 238 S.W.3d 644, 647 (Ky. 2007). The well-established standard for reviewing a workers' compensation decision is to "correct the Board only where the Court perceives the Board has overlooked or misconstrued controlling statutes or precedent, or committed an error in assessing the evidence so flagrant as to cause gross injustice." W. Baptist Hosp. v. Kelly, 827 S.W.2d 685, 687-88 (Ky. 1992). Finally, review by this Court "is to address new or novel questions of statutory construction, or to reconsider precedent when such appears necessary, or to review a question of constitutional magnitude." Id. at 688.

III. ANALYSIS.

KRS 446.080(1) directs that "[a]ll statutes of this state shall be liberally construed with a view to promote their objects and carry out the intent of the legislature[.]" This Court's goal, in construing statutes, "is to give effect to the intent of the [legislature]. We derive that intent ... from the language the [legislature] chose, either as defined by the [legislature] or as generally understood in the context of the matter under consideration." Livingood, 467 S.W.3d at 256 (internal quotations and citations omitted). "General principles of statutory construction hold that a court must not be guided by a single sentence of a statute but must look to the provisions of the whole statute and its object and policy." Cty. of Harlan v. Appalachian Reg'l Healthcare, Inc., 85 S.W.3d 607, 611 (Ky. 2002).

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Bluebook (online)
556 S.W.3d 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/active-care-chiropractic-inc-v-rudd-moctapp-2018.