Cropp v. State Workmen's Compensation Commissioner

236 S.E.2d 480, 160 W. Va. 621, 1977 W. Va. LEXIS 287
CourtWest Virginia Supreme Court
DecidedJuly 15, 1977
DocketNo. 13871
StatusPublished
Cited by17 cases

This text of 236 S.E.2d 480 (Cropp v. State Workmen's Compensation Commissioner) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cropp v. State Workmen's Compensation Commissioner, 236 S.E.2d 480, 160 W. Va. 621, 1977 W. Va. LEXIS 287 (W. Va. 1977).

Opinion

Miller, Justice:

This workmen’s compensation case involves the question of whether an employee who has previously been granted a permanent total disability award may obtain additional workmen’s compensation benefits arising out of a second industrial accident.

The claimant received a permanent total disability award after sustaining burns over 80 percent of his body on April 23, 1965, while an employee of Blaw-Knox Foundry. Thereafter, on June 10, 1969, Blaw-Knox reemployed the claimant and he worked as a full-time employee until February 27, 1975, when he sustained an injury to his leg while at work.

As a result of the pre-existing burn condition, his leg was more susceptible to injury and an ulcerated area developed which required skin grafting. Claimant was off work and incurred considerable hospital and medical expenses.

His claim for compensation benefits based on this injury was denied by the Commissioner on the ground that the claimant’s prior award of permanent total disability precluded the obtaining of any additional workmen’s compensation benefits. This order was affirmed by the Appeal Board. We reverse.

It is axiomatic under our Workmen’s Compensation Act that in the initial determination of the availability of compensation benefits, the first inquiry centers on whether the injury is compensable. Compensability is determined by W. Va. Code, 23-4-1, which requires that the injury occur in the course of and resulting from the employment. Barnett v. State Workmen’s Compensation Commissioner, 153 W. Va. 796, 172 S.E.2d 698 (1970).

There are certain statutory exclusions to compensability relating to occupations and employers set out in W. Va. Code, 23-2-1. In addition, certain injuries are excluded under the wilful misconduct bar on the part of the employee and the deliberately intended injury on the part of the employer. W. Va. Code, 23-4-2.

[623]*623None of these exclusions are applicable to the present case. Clearly, if the claimant was not receiving permanent total disability payments, his injury would be held compensable since it arose in the course of and resulted from his employment. We find no provisions in the Act which directly limit compensability of a second injury by virtue of having received a life award.

There are several different categories of benefits statutorily available to injured employees. The question remains whether, within the statutory framework of these benefits, there is language which suggests that such benefits are not warranted if the claimant is receiving a life award.

On the most minimal basis is the benefit relating to reimbursement for medical expenses under W. Va. Code, 23-4-3. This section contains no language limiting the payment of medical expenses arising out of a compensa-ble injury. This Court indicated in Smith v. State Workmen’s Compensation Commissioner, _ W. Va. _, 219 S.E.2d 361, 367 (1975), that the foregoing statute authorizes the Commissioner to establish an unlimited medical expenses fund.

In Mullens v. State Workmen’s Compensation Commissioner, _ W. Va. _, 223 S.E.2d 604 (1976), this Court gave implicit recognition to the fact that an injured employee receiving permanent total disability benefits is still entitled to payments for medical expenses relating to his disability in addition to the permanent total disability payments. While the medical expenses in this case relate to the second industrial accident and therefore the facts differ from Mullens, that case does suggest that a life award does not operate to terminate medical reimbursement benefits.

The only statutory language limiting payment of medical expenses is found in W. Va. Code, 23-4-3(d), which indicates that medical payments do not commence until the injury is determined to be compensable. As we have previously noted, the claimant’s second injury occurred in the course of and resulting from his employment. The compensability standard has been met, and we find [624]*624nothing in the Act which would preclude the receipt of medical benefits.

The prevailing rule under compensation statutes analogous to ours is that medical benefits are extended independent of any limitations contained under disability benefits. See, Depue v. Barsh Truck Lines, 493 P.2d 80 (Okla. 1972); Brooks v. Arkansas-Best Freight System, Inc., 247 Ark. 61, 444 S.W.2d 246 (1969); 2 Larson, The Law of Workmen’s Compensation § 61.11.

When we approach the next level of benefits, that of temporary total disability, we are confronted by more complex factors. As noted in Perry v. State Workmen’s Compensation Commissioner, 152 W. Va. 602, 165 S.E.2d 609 (1969), under our Workmen’s Compensation Act the temporary total disability award precedes a rating for permanent disability. This latter award is made after the injured employee reaches his maximum degree of rehabilitation, at which time the permanent rating is made and these benefits commence.

The employer cites Dunlap v. State Workmen’s Compensation Director, 149 W. Va. 266, 140 S.E.2d 448 (1965), for the proposition that temporary total disability payments cannot be made for a second injury at the same time the employee is receiving permanent total disability payments. Otherwise the employee will be receiving two compensation payments which will exceed the maximum weekly payment limitation presently set out in W. Va. Code, 23-4-6(k).1

Dunlap dealt with a situation where the employee was injured on December 8, 1961, and received temporary total disability benefits. On March 25, 1963, he was given a permanent total disability award for his injury. He then sought to compel the Commissioner to make the award payments start from the date of the injury. The Court concluded that this would be improper as the permanent total disability payment would then overlap [625]*625with the temporary total disability payment, resulting in the employee receiving duplicate benefits in excess of the statutory weekly award limit.

We do not believe that Dunlap is controlling in this case as it dealt with different compensation benefits for the same injury. Here, we are dealing with two separate industrial injuries.2 Nor do we believe that W. Va. Code, 23-4-6, relating to the maximum weekly benefits, is applicable to temporary total benefits where there are two separate compensable injuries.

In subsection (1) of W. Va. Code, 23-4-6, specific language deals with the deductibility of temporary total disability benefits as against permanent disability awards.3 Similar deductibility provisions for temporary total disability have been in W. Va. Code, 23-4-6, since at least the 1931 revision.4 This deductibility provision has undergone a number of permutations over the years.

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Cropp v. STATE WORKMEN'S COMPENSATION COM'R
236 S.E.2d 480 (West Virginia Supreme Court, 1977)

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Bluebook (online)
236 S.E.2d 480, 160 W. Va. 621, 1977 W. Va. LEXIS 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cropp-v-state-workmens-compensation-commissioner-wva-1977.