Ahoe v. Quality Park Products

258 N.W.2d 885, 1977 Minn. LEXIS 1400
CourtSupreme Court of Minnesota
DecidedOctober 7, 1977
Docket46490
StatusPublished
Cited by5 cases

This text of 258 N.W.2d 885 (Ahoe v. Quality Park Products) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ahoe v. Quality Park Products, 258 N.W.2d 885, 1977 Minn. LEXIS 1400 (Mich. 1977).

Opinions

KELLY, Justice.

Relators, Quality Park Products and its compensation insurer, seek review of a decision of the Workers’ Compensation Board (now the Worker’s Compensation Court of Appeals) awarding respondent employee benefits for temporary total and temporary partial disability. Relators contend that a prior award which terminated benefits for temporary total disability is res judicata as to employee’s claim of continuing temporary total disability and that she is not entitled to compensation because she voluntarily terminated her employment in September 1974; that she has demonstrated ability to work full time and therefore is not entitled to an award for temporary [887]*887partial disability benefits; and that the award of permanent partial disability benefits precludes an award of temporary benefits for the same disability. We affirm.

Employee’s work experience has been almost exclusively operation of machines which make envelopes.1 On January 11, 1972, the machine she was operating jammed. In turning the machine off, employee jerked her back and felt immediate pain in the lower part of it. She was intermittently off work from January 14, 1972, until November 13,1973. Employee filed a claim petition September 14, 1973, seeking compensation for temporary total and permanent partial disability. In March 1974 she was awarded medical expenses and benefits for 33⅜ weeks of temporary total disability. On November 14, 1973, employee had obtained light sedentary work for another employer, so she was found not to be temporarily totally or partially disabled as of that date. The question of permanent partial disability was not determined.

Employee quit the sedentary job in January 1974 because of pregnancy. Her child was born March 29, 1974, and on June 10 she returned to work for Quality Park, operating a clasp machine on the first shift. In August she requested a transfer to the second shift because her husband had been transferred to a day shift. Work on a clasp machine or one of the other smaller machines was not available on the second shift, and employee was assigned a medium operating machine. The work required her to lift boxes from the floor, and she found that doing so made her back sore and stiff. She quit work September 6, 1974, and said she did so because other employees would not lift the boxes for her. Quality Park’s plant superintendent thought her termination was voluntary.

In October 1974 employee worked for another envelope manufacturer, Mackay Envelope Company, for 7 days but quit because she was unable physically to run a large operating machine, the only available job. She then began work at Lakeland Envelope Company on an “as needed” basis. She has been operating a lighter machine, does no lifting, and is allowed to take breaks when her back becomes tired from standing. She has not had regular full-time employment but felt she could work full time at Lakeland in spite of a constant dull backache.

In July 1974, relators gave employee notice of discontinuance of benefits as of May 1, 1974. After objection and answer, employee filed a second claim petition seeking benefits for intermittent temporary total disability from September 5, 1974, and for permanent partial disability. The medical evidence presented at this compensation proceeding may be summarized briefly: Dr. James D. Kramer, an orthopedic surgeon who treated her between July 27 and October 29,1973, thought employee had a herniated disc at the L5 to SI level and that her back had improved after rest and conservative treatment. Dr. Robert Wengler, an orthopedic surgeon who testified for employee, thought she had a disc prolapse. Dr. Lloyd Leider, an orthopedic surgeon who testified for relators, diagnosed her problems as obesity and chronic low back pain syndrome. Employee’s permanent partial disability of the spine was evaluated by Dr. Kramer as 5 percent; by Dr. Wen-gler as 30 percent, and by Dr. Leider as 10 percent. Dr. Leider attributed some of the disability he found to causes unrelated to the injury employee had sustained in January 1972. Dr. Kramer and Dr. Wengler thought employee should be restricted from work requiring heavy or repetitive lifting, prolonged standing or sitting, and much bending. Dr. Wengler thought she could do work like that she had done at Lakeland.

[888]*888On the foregoing evidence the compensation judge awarded employee compensation for a 15-percent permanent partial disability of the spine, and for temporary partial and temporary total disability at various times since October 1974. He ordered her to report to the Division of Vocational Rehabilitation for determination of the feasibility of retraining. The Workers’ Compensation Board affirmed and adopted this decision.

1. Relators claim that the first award of temporary total disability benefits precludes the second one in the absence of proof that employee’s physical condition changed. This contention ignores the fact that the concept of temporary total disability “is primarily dependent upon the employee’s ability to find and hold a job, not his physical condition.” Schulte v. C. H. Peterson Construction Co., 278 Minn. 79, 83, 153 N.W.2d 130, 134 (1967). In the decision under review, the award of temporary total disability was for those weeks when employee did not work at Lakeland. Although she felt she could work 40 hours a week at. Lakeland, on the record before it, the compensation court could find that, except for a job under the unusually favorable conditions she found at Lakeland, employee’s physical disability would prevent her from successfully working at the jobs now available for which she has had training. Quality Park’s plant superintendent testified that, even if employee had not left her job on the clasp machine in August 1974, she would have been laid off for lack of seniority early in 1975 when Quality Park was forced to lay off a large number of employees because of poor business conditions. In view of employee’s limited experience, the changed job market, and her physical disability, the finding that she had been temporarily totally disabled during the weeks Lakeland did not need her services has evi-dentiary support. It is not precluded by the earlier award, which was entered in proceedings which did not pass upon her ability to obtain employment in the future.

2. Relators contend that employee is not entitled to temporary disability benefits because she left a job she could do in August 1974 for work which she could not perform because of her disability. Courts have come to different conclusions on the effect of an employee’s voluntarily leaving a job he is capable of performing. Relators rely on two Rhode Island cases in which the court denied compensation to employees who, for reasons unrelated to their injuries, left work they could perform. In Pearl v. Builders Iron Foundry, 73 R.I. 304, 55 A.2d 282 (1947), the employee had resumed his original job and performed it for a few months before quitting to find other work. The court upheld a decree denying compensation, holding that the evidence sustained a finding that employee had failed to prove he was unable to perform the job he had left or that his earning capacity had been diminished. In Ucci v. Hathaway Bakeries, Inc., 75 R.I. 341, 66 A.2d 433 (1949), the employee had returned to his job as a route supervisor and performed it for several months.

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Ahoe v. Quality Park Products
258 N.W.2d 885 (Supreme Court of Minnesota, 1977)

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Bluebook (online)
258 N.W.2d 885, 1977 Minn. LEXIS 1400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ahoe-v-quality-park-products-minn-1977.