Carroll v. Wells Fargo Armored Service Corp.

802 P.2d 618, 245 Mont. 495, 47 State Rptr. 2218, 1990 Mont. LEXIS 386
CourtMontana Supreme Court
DecidedDecember 11, 1990
Docket90-269
StatusPublished
Cited by1 cases

This text of 802 P.2d 618 (Carroll v. Wells Fargo Armored Service Corp.) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carroll v. Wells Fargo Armored Service Corp., 802 P.2d 618, 245 Mont. 495, 47 State Rptr. 2218, 1990 Mont. LEXIS 386 (Mo. 1990).

Opinions

JUSTICE HARRISON

delivered the Opinion of the Court.

This is an appeal from the Workers’ Compensation Court of the State of Montana. We affirm.

The issues presented by appellant are:

1. Whether the Workers’ Compensation Court exceeded its jurisdiction on remand by increasing claimant’s disability award under §§ 39-71-705, -708, MCA (1985), from 35% to 60%.

2. Whether the Workers’ Compensation Court failed to follow this Court’s instructions on remand when it failed to assign a disability percentage to each of the disability factors it considered.

3. Whether there is substantial evidence to support the lower court’s disability award.

On June 25, 1987, claimant, Laine P. Carroll, filed his Petition for Hearing in the lower court in which he alleged the appellants, Wells Fargo Armored Services Corporation and CNA Insurance Company, [497]*497owed certain benefits in excess of those offered. Following a hearing, the lower court, on October 28,1988, filed its order in which it entitled claimant to a 35% permanent partial disability award. Claimant appealed the Workers’ Compensation Court’s final decision. In Carroll v. Wells Fargo (1989), 240 Mont. 151, 783 P.2d 387, we reversed in part, affirmed in part and remanded this case to the Workers’ Compensation Court. Our particular instructions on remand governing the permanent partial disability award, which this appeal focuses on, were as follows:

“Because the court only discussed the claimant’s actual wage loss and failed to discuss any of the other criteria, we hold that the court’s decision is not supported by substantial evidence.
“A review of the cases decided under §§ 39-71-705, -708, MCA (1985), reveal in all some discussion of the necessary factors.
‘We vacate the Workers’ Compensation Court’s award under §§ 39-71-705, -708, MCA (1985), and remand to the Workers’ Compensation Court for a redetermination of benefits consistent with the requirements of §§ 39-71-705, -708, MCA (1985).”

Carroll at 154-55, 783 P.2d at 390.

On remand, after the parties submitted briefs, the Workers’ Compensation Court held claimant was entitled to a 60% disability award. From the lower court’s order on remand, appellant takes this appeal. No additional facts were admitted in the record on remand and so a complete discussion of all material facts can be found in Carroll at 153, 783 P.2d at 389.

The first issue is whether the court exceeded its jurisdiction on remand by increasing Carroll’s disability award from 35% to 60%. Appellant argues that our holding in Carroll was intended to require the court, on remand, to only discuss the factors it previously considered in determining the prior 35% disability award. Appellant further argues that our holding in Carroll was not meant to allow the court to redetermine the disability award based on this new discussion. In Carroll at 154-55, 783 P.2d at 390, we held that the court’s 35% disability award was not supported by substantial evidence and remanded the cause to the Workers’ Compensation Court for a redetermination of benefits consistent with the requirements of §§ 39-71-705, -708, MCA(1985). On remand the court followed these instructions, redetermined claimant’s benefits and calculated a 60% disability award.

[498]*498Appellant has misinterpreted our plain and unambiguous holding in Carroll. Our instructions to the Workers’ Compensation Court, without a doubt, was to redetermine benefits consistent with the cases decided under §§ 39-71-705, -708, MCA (1985) which require a discussion of certain necessary factors. The Workers’ Compensation Court properly followed our instructions on remand and we, therefore, hold that the court did not exceed its jurisdiction on remand by increasing Carroll’s disability award from 35% to 60%.

Next, we must determine whether the court failed to follow instructions on remand by not assigning a disability percentage to each disability factor it considered when making the disability award.

Appellant argues that we instructed the lower court on remand to quantify in percentages the weight given to each permanent partial disability factor and include a discussion of how each specific percentage was reached. Appellant contends that it would be impossible for this Court to give a meaningful review of the lower court’s permanent partial disability award without such quantification. We disagree.

Appellant would have us believe that workers’ compensation law is a particular system or branch of physics, complete with forces analogous to friction, gravity and momentum, statutory laws like those of Newton and Archimedes; all interwoven in a calculus mesh of case law. To be sure, workers’ compensation law is a social science which necessarily includes human factors and to break workers’ compensation law down into separate percentages would simply deny this fact. Once again, our instructions on remand were plain and unambiguous leaving no room whatsoever for appellant’s erroneous interpretation.

After reading our instructions on remand, the Workers’ Compensation Court entered its order and gave its rationale for refusing to reduce its disability award to numbers.

We have intentionally avoided trying to quantify in percentages the considerations given to the above permanent partial disability factors. The reasons for not doing so are that there is no precedent, either in statute or case law as to how such quantification might be done and secondly, assessing mathematical precision to the individual characteristics of each injured worker would inevitably provide “windfalls” to some and punitively low awards to others. While formulas, per se, have a certain attraction of simplicity and speed, they negate the flexibility of dealing with each case as a person, not a mathematical component. To be sure, it is something of an inexact [499]*499science, but is nonetheless more in keeping with the “earning capacity’ considerations of the statutes. We do not think it inappropriate to consider certain mathematical considerations that might apply in terms of dollars per hour wages, pre-and post-injury, or percent of labor market pre-and post-injury, but we decline to make such numbers absolute for the reasons noted.

We hold that the Workers’ Compensation Court did not fail to follow our instructions on remand.

The last issue is whether the court’s 60% disability award is supported by substantial evidence. In determining claimant’s disability under §§ 39-71-705, -708, MCA(1985), the court must consider the claimant’s age, education, work experience, pain and disability, actual wage loss, and loss of future earning capacity. Holton v. F. H. Stoltze Land and Lumber Co. (1981), 195 Mont. 263, 266, 637 P.2d 10, 12. The record shows that the court properly considered and discussed all the required factors in determining claimant’s 60% disability award under §§ 39-71-705, -708, MCA (1985).

It is well established that permanent partial disability benefits under §§ 39-71-705, -708, MCA (1985), indemnify the claimant for possible loss of future earning capacity. McDanold v. B.N. Transport, Inc.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Burglund v. Liberty Mutual Fire Insurance
927 P.2d 1006 (Montana Supreme Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
802 P.2d 618, 245 Mont. 495, 47 State Rptr. 2218, 1990 Mont. LEXIS 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-v-wells-fargo-armored-service-corp-mont-1990.