Death & Permanent Disability Trust Fund v. Anderson

125 S.W.3d 819, 83 Ark. App. 230, 2003 Ark. App. LEXIS 774
CourtCourt of Appeals of Arkansas
DecidedOctober 22, 2003
DocketCA 03-255
StatusPublished
Cited by4 cases

This text of 125 S.W.3d 819 (Death & Permanent Disability Trust Fund v. Anderson) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Death & Permanent Disability Trust Fund v. Anderson, 125 S.W.3d 819, 83 Ark. App. 230, 2003 Ark. App. LEXIS 774 (Ark. Ct. App. 2003).

Opinion

Bird, Judge.

The Death and Permanent Total Disability Trust Fund brings this appeal from a decision of the Workers’ Compensation Commission involving the interpretation of the statutory term “full-time student.” Arkansas Code Ann. § 11 — 9— 527(d)(2) (Repl. 2002) directs that benefits to an otherwise eligible child of a deceased employee “shall not terminate at the age of eighteen (18) years .provided the child is a full-time student who has not attained the age of twenty-five (25) years.” The Commission interpreted the statute to mean that benefit payments to an otherwise eligible student should not be suspended during summer breaks after commencement of college even when the “full-time student” does not attend summer sessions on a full-time basis. The decision of the Commission is affirmed.

Chris Anderson, the deceased claimant in this case, was a police officer who sustained a fatal work-related injury on February 12, 1996. His widow and his daughter, claimant Amanda Anderson, were eligible for workers’ compensation benefits at the time of his death. Under Ark. Code Ann. § ll-9-502(b)(l) and (2) (Repl. 2002), when appellees City of Hot Springs and Arkansas Municipal League Workers’ Compensation Trust have paid $75,000 in benefits, appellant Death and Permanent Total Disability Trust Fund becomes obligated to pay any further weekly benefits. 1

This case arose from Amanda’s claim for benefits in the summers between her sessions of full-time college enrollment after she was eighteen. The Arkansas Municipal League Workers’ Compensation Trust (Municipal League) supported her claim, while the Death and Permanent Total Disability Trust Fund (Trust Fund) contended that she should be denied benefits during summers in which she was not enrolled as a full-time student.

A hearing was held before the administrative law judge to decide whether Amanda was entitled to weekly benefits continuously throughout the year, without suspension of benefits in the summers. The parties stipulated that Amanda had reached her eighteenth birthday on March 3, 1997, while she was in her last year of high school. They also stipulated that she was entitled to weekly dependent benefits for the following periods of time:

February 13,1996, through May 22,1997, which was the date that she graduated from high school;
August 27,1997, through May 14,1998, when she was a full-time student at Henderson State College;
August 24,1998, through May 14,1999, when she was a full-time student at Garland County Community College;
August 23, 1999, through June 30, 2000, (which included first-session summer school) when she was a full-time student at Garland County Community College;
August 21, 2000, until December 15, 2000, when she was a full-time student at Garland County Community College until she graduated.

At the conclusion of the hearing, the law judge ruled that Amanda was entitled to dependency benefits for the summer breaks when she was not attending college as a full-time student “between the commencement of her secondary education 2 beginning August 27, 1997, through her graduation of December 15, 2000.”

The Trust Fund appealed the law judge’s decision to the Workers’ Compensation Commission. The Commission remanded the case to the law judge for further development of issues, including whether the Trust Fund should credit the benefits paid by the Municipal League during the time periods in question against the limitations imposed by Ark. Code Ann. § 11-9-502. The law judge’s second opinion incorporated the stipulations of his first opinion. In the second opinion, the law judge concluded:

In the absence of a clear definition in the Arkansas Workers’ Compensation Act, I am not willing for respondent No. 2, the Fund, to take a credit against its ultimate liability for those benefits paid by respondent No. 1 [the Municipal League] to Amanda Anderson during those summer sessions when she was either not enrolled, or was not taking sufficient hours to classify her as a “full-time student” according to the college handbook or catalog.

The Trust Fund appealed this decision regarding the credit issue, and the Commission affirmed and adopted the law judge’s decision. The Fund now appeals the decision of the Commission.

Point on Appeal

The Trust Fund raises one point on appeal, contending, as it did below, that the Municipal League was not entitled to credit for benefits paid to Amanda when she was not classified as a full-time student according to the college catalog or handbook. The provisions of our workers’ compensation law are to be strictly construed. Ark. Code Ann. § ll-9-704(c)(3) (Repl. 2002). Strict construction is a narrow construction, requiring that nothing be taken as intended that is not clearly expressed. Wheeler Constr. Co. v. Armstrong, 73 Ark. App. 146, 41 S.W.3d 822 (2001). The doctrine of strict construction is to use the plain meaning of the language employed. Id. In considering the meaning of a statute, the appellate court will construe it just as it reads, giving the words their ordinary and usually accepted meaning. Nelson v. Timberline Int’l, Inc., 332 Ark. 165, 964 S.W.2d 357 (1998).

Discussion

The Commission, adopting the decision of the law judge, addressed the Trust Fund’s argument that the statutory definition of “full-time student” is dependent on the classification of “full-time student” according to an individual college’s handbook or catalog. The Commission rejected this approach, reasoning as follows:

The problem which arises from ... using that particular college or university’s handbook or catalog to define a “full-time student,” is that there is no uniformity of that definition from institution to institution. This gives rise at least to the potential for some students drawing benefits while others may not, resulting again, potentially, for the unequal treatment of one student as opposed to another.

The Trust Fund argues that this reasoning is faulty on several bases: first, that no evidence shows that the definition of “full-time student” differs among educational institutions; second, that even if so, no equal-protection argument exists because payment of benefits is contingent upon obtaining the status of a category known as “full-time student”; third, that decisions must be made on a case-by case basis; and fourth, that all educational institutions would agree that Amanda would not be considered a “full-time student” for the summer sessions when she did not attend at all. The Fund relies upon various documents, including a June 27,2001, letter from the assistant registrar for Garland County Community College, which sets forth student classifications as shown in the college’s general catalogue:

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Bluebook (online)
125 S.W.3d 819, 83 Ark. App. 230, 2003 Ark. App. LEXIS 774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/death-permanent-disability-trust-fund-v-anderson-arkctapp-2003.