Beckman v. John Morrell & Co.

462 N.W.2d 505, 1990 S.D. LEXIS 158, 1990 WL 166179
CourtSouth Dakota Supreme Court
DecidedOctober 31, 1990
Docket16969
StatusPublished
Cited by16 cases

This text of 462 N.W.2d 505 (Beckman v. John Morrell & Co.) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beckman v. John Morrell & Co., 462 N.W.2d 505, 1990 S.D. LEXIS 158, 1990 WL 166179 (S.D. 1990).

Opinions

JOHNSON, Circuit Judge.

Brian Beckman (Beckman) appeals from a circuit court judgment denying him both temporary total disability benefits and rehabilitation benefits. We affirm the denial of temporary total disability benefits and reverse the denial of rehabilitation benefits and reinstate the award.

FACTS

Beckman graduated from high school in 1976 and attended one year of college before becoming employed by John Morrell and Company (Morrell). He worked in the beef kill area for six years and in the pork cut area for about three years. Work in both of these areas required Beckman to perform production line labor consisting of heavy lifting and repetitive hand movements.

In the fall of 1986, Beckman experienced numbness in his right hand. This numbness was especially prevalent at night. In the morning he could not make a fist. With the help of elastic bandages and whirlpool treatments he continued working. Morrell had notice of this injury.

On April 3, 1987, in an incident unrelated to this action, Beckman was injured while working on the production line. A co-worker accidentally cut Beckman’s right hand, including the tendon in his middle finger. Beckman missed the rest of work that day and returned to work the following Monday to one-handed light duty employment. Beckman remained on light duty through the end of the month.

Prom May 1, 1987, through November 1, 1987, Beckman and other members of Local 304A of the United Pood and Commercial Workers Union went on a sympathy strike against Morrell. During this strike, Beck-man notified Morrell that he was still suffering from numbness and swelling of his hand. These symptoms resulted from the 1986 injury and were unrelated to the April 1987 accident. Morrell referred Beckman to various physicians and Beckman’s condition was eventually diagnosed as carpal tunnel syndrome of the right wrist. On December 31, 1987, Dr. Robert E. VanDe-mark (Dr. VanDemark) performed surgery which involved a release of carpal tunnel and anterior transposition of the ulnar nerve. On February 4, 1988, after a recuperative period, Dr. VanDemark released Beckman to light duty work with no lifting. Later the restriction was modified to allow lifting of up to 15 pounds.

While Beckman was on strike he helped shingle a relative’s roof for five days in June 1987. Then he went to work for a roofing company carrying hot buckets of tar. Beckman quit after one week because he was afraid that he might drop a bucket of tar and splatter tar on himself or coworkers due to his injured hand.

On September 6, 1987, Beckman began a ten-month printing technology course at Southeast Vo-Tech Institute. Beckman attended class from 1:30 p.m. until 7:30 p.m. five days a week. At the same time he started a part-time job in the produce section of a local grocery store where he worked for about one month. Beckman then began to work for Metz Federal Credit Union (Metz) in their printing department. He started at $5.00 per hour and eventually received a raise of $.50 per hour, working from 8:00 a.m. to noon five days per week.

On June 26, 1988, Beckman graduated from the printing technology course and began a new job at Modern Press for $6.00 per hour plus employee benefits.

Morrell never called Beckman back to work. According to the terms of the collective bargaining agreement, striking workers were to be called back in order of seniority.

Beckman filed a claim for worker’s compensation benefits. He sought rehabilitation benefits for the ten month printing technology course and temporary total disability benefits for the time period from February 4, 1988 (the day Dr. VanDemark released him to light duty work) to June 26, [507]*5071988 (the day he began a new job at Modern Press).

The Department of Labor (Department) conducted a formal hearing which included Beckman’s testimony, Morrell’s safety officer’s testimony, and Dr. YanDemark’s deposition testimony.

Department found that Beckman was entitled to rehabilitation benefits because he was unable to return to his usual and customary line of employment and rehabilitation was necessary to return him to suitable, substantial, and gainful employment. Department denied Beckman’s claim for temporary total disability benefits finding that Beckman was unable to work because of his strike participation rather than because of work-related injuries.

Morrell appealed the award of rehabilitation benefits and Beckman filed a notice of review challenging Department’s denial of temporary total disability benefits.

The circuit court reversed Department’s award of rehabilitation benefits finding that when Dr. VanDemark released him to limited light duty work on February 4, 1988, there were five light duty rehabilitation jobs available to Beckman at the same hours and pay. Additionally, the court found that Beckman’s participation in the 1987 strike precluded him from being offered light duty work. Thus, the court affirmed department’s denial of temporary total disability benefits.

SCOPE OF REVIEW

SDCL 1-26-37 controls this court’s scope of review from decisions of administrative agencies. This court reviews an agency’s decisions in the same manner as the circuit court. There is no presumption that the circuit court’s decision is correct. Thus, we decide, considering all of the evidence of the record, whether or not the agency’s findings of fact are clearly erroneous and whether the law has been correctly applied. Barkdull v. Homestake Min. Co., 317 N.W.2d 417 (S.D.1982).

DECISION

I.REHABILITATION BENEFITS

SDCL 62-4-5.1

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Beckman v. John Morrell & Co.
462 N.W.2d 505 (South Dakota Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
462 N.W.2d 505, 1990 S.D. LEXIS 158, 1990 WL 166179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beckman-v-john-morrell-co-sd-1990.