City of San Antonio v. Kuykendall

749 S.W.2d 169, 1988 Tex. App. LEXIS 1070, 1988 WL 47222
CourtCourt of Appeals of Texas
DecidedMarch 9, 1988
Docket04-87-00457-CV
StatusPublished
Cited by10 cases

This text of 749 S.W.2d 169 (City of San Antonio v. Kuykendall) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of San Antonio v. Kuykendall, 749 S.W.2d 169, 1988 Tex. App. LEXIS 1070, 1988 WL 47222 (Tex. Ct. App. 1988).

Opinion

OPINION

GERALD T. BISSETT, Assigned Justice * .

This is an appeal from the granting of a summary judgment in favor of Joe Kuyk-endall, Gilbert Zepeda, and Robert Raben-aldt, plaintiffs in the trial court and appel-lees in this Court, and the denial of a summary judgment in favor of the City of San Antonio, defendant in the trial court and appellant in this Court. We affirm.

The sole issue before this Court is the interpretation of TEX.REV.CIV.STAT. ANN. art. 1269m, § 26(e), hereinafter referred to as “§ 26(e),” 1 which, in pertinent part stated:

Provided that all such cities coming under the provisions of this Act shall provide injury leaves of absence and line of duty illness leaves of absence for Firemen and Policemen with full pay for periods of time commensurate with the nature of the line of duty illness or injuries for at least one (1) year. At the expiration of said one-year period, the City Council or governing body may extend such line of duty illness or injury leave at full or reduced pay ...

The appellant interprets § 26(e) to require an employer to provide an employee with injury leave for each day of work missed, due to a work injury, within a one year period from the date of injury. The appellees interpret § 26(e) to require an employer to provide an employee with injury leave for work missed for a total of one year as needed for the injury. The trial court awarded each appellee a specified amount of additional injury leave and attorneys’ fees. The trial court construed the words “one year,” as used in the statute, to mean a total of one year of injury leave. Summary judgment for the plaintiffs (ap-pellees) was granted on that basis.

The appellant, in a single point of error, contends that “the trial court erred when she construed the year of injury leave which art. 1269m, § 26(e) requires defendant to provide to fire fighters to mean a total of one year at periods of time commensurate with their injuries instead of one calendar year or twelve (12) consecutive months.”

The facts are undisputed. All of the plaintiffs were employed by the appellant *171 as firemen (fire fighters) at the time they sustained injuries in the line of duty. As such, they were covered by § 26(e).

Joe Kuykendall was injured on July 9, 1982. Because of that injury he received injury leave from September 15, 1982 to November 6, 1982 and from May 22, 1983 until July 8, 1983. Beginning on July 9, 1983. he was placed on sick leave where he remained until he retired on January 1, 1984.

Gilbert Zepeda was injured on March 13, 1981. He received two (2) days of injury leave in June of 1981, and was again placed on injury leave from November 13, 1981 until March 12, 1982. He was then placed on sick leave until he returned to work on November 15, 1982.

Robert Rabenaldt was injured on September 7, 1983. He was placed on injury leave until January 21, 1984. On June 27, 1984, he again was placed on injury leave which continued until September 6, 1984. He was then placed on sick leave where he remained until he retired.

The appellant discontinued each of the appellees’ injury leaves exactly one year after the date of injury. Each appellee was still disabled due to the work injury and each had received less than one full year of injury leave on the date injury leave was discontinued.

“In construing a statute, if the legislature does not define a term, its ordinary meaning will be applied.” Hopkins v. Spring Independent School District, 736 S.W.2d 617, 619 (Tex.1987). The legislature did not define the words “one year” in the statute, and we follow the above rule in deciding this case.

The proper interpretation of § 26(e) requires a city to provide its fire fighters with line of duty injury leave for up to a full one year period at whatever times the injured fire fighter is unable to work due to the injury. Neither the language of § 26(e), nor the case law interpreting that section, limits a fire fighter’s right to receive injury leave beyond a year after the date of the injury when the fire fighter is still disabled and has not yet received one year of injury leave. To the contrary, both the language of § 26(e) and the case law analyzing the statute support an interpretation that guarantees an injured fire fighter up to one year of injury leave that may be used as needed “... for periods of time commensurate with the nature of the ... injuries.” Any interpretation of this language based on its ordinary meaning must recognize two important concepts that are contained within the statutory provision. First, the use of the plural words “periods” and “leaves” in the statute rather than the singular indicates that more than one period of leave shall be provided for a line of duty illness or injury if it is necessary. Second, the periods of time to be provided must be commensurate with the nature of the illness or injury in question. This language indicates that the leave must be proportionate to, or in line with, the injury or illness sustained by a fire fighter. A one-year period which, in all cases, begins on the date of injury and runs immediately for only twelve consecutive months from the date of the injury does not provide a leave of absence commensurate with an injury which produces disability at a later date. A leave of absence can be commensurate with the illness or injury only if it is provided at the particular times when the employee is disabled by the injury in question.

The Amarillo Court of Appeals interpreted § 26(e) to provide injury leave as needed for up to one (1) year in City of Lubbock v. Goodwin, 608 S.W.2d 835 (Tex.Civ.App.— Amarillo 1980, writ ref’d n.r.e.). The fire fighter in Goodwin injured his knee in line of duty work in June, 1975. Although he experienced some pain and discomfort immediately following the injury, he did not become disabled until March, 1978, almost three years after his injury. He requested one year of injury leave pursuant to § 26(e) on the grounds that his disability resulted from the 1975 work-related injury. The City denied the fire fighter’s request for leave. Both the trial court and the Court of Appeals found the fire fighter was entitled to § 26(e) injury leave given the connection between the 1978 disability and the 1975 injury.

The trial court’s interpretation does not contravene the plain meaning of “one *172 year” as used in § 26(e). The appellant’s argument concerning the plain meaning of “one year,” a calendar year of twelve consecutive months from the date of injury, ignores the basic rule of statutory construction that “statutory provisions are not to be isolated from the surrounding language and construed apart from their context.” Jessen Associates, Inc. v. Bullock, 531 S.W.2d 593, 601 (Tex.1975).

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Bluebook (online)
749 S.W.2d 169, 1988 Tex. App. LEXIS 1070, 1988 WL 47222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-san-antonio-v-kuykendall-texapp-1988.