Deloges v. STATE EX REL. WKR'S COMP. DIV.

750 P.2d 1329
CourtWyoming Supreme Court
DecidedMarch 9, 1988
Docket87-255
StatusPublished

This text of 750 P.2d 1329 (Deloges v. STATE EX REL. WKR'S COMP. DIV.) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deloges v. STATE EX REL. WKR'S COMP. DIV., 750 P.2d 1329 (Wyo. 1988).

Opinion

750 P.2d 1329 (1988)

Larry J. DELOGES, Appellant (Employee-Petitioner),
v.
STATE of Wyoming ex rel. WYOMING WORKERS' COMPENSATION DIVISION, Appellee (Objector-Respondent),
Delta Engineering, (Employer-Respondent).

No. 87-255.

Supreme Court of Wyoming.

March 9, 1988.

*1330 Sharon M. Rose of Vehar, Beppler, Jacobson, Lavery & Rose, P.C., Kemmerer, for appellant.

Joseph B. Meyer, Atty. Gen., Josephine T. Porter, Sr. Asst. Atty. Gen., and Susan Maher Overeem, Asst. Atty. Gen., for appellee.

Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.

MACY, Justice.

This is an appeal from an order denying appellant Larry J. Deloges' application under the Wyoming Worker's Compensation Act for additional benefits or modification of award subsequent to an award of permanent total disability benefits. The dispositive issue presented is whether, under the act, a permanent total disability award may be modified to provide additional benefits.

We affirm.

Appellant sustained a work-related back injury on February 12, 1982. After two surgical procedures, the initial diagnosis of a herniated disc was elevated to a disc space infection. On May 23, 1985, appellant's attending physician assigned him a rating of 100% permanent total disability, finding that appellant was in daily pain, could walk only with hand crutches, and had developed a neurogenic bladder.

On October 21, 1985, appellant was awarded 100% permanent total disability benefits of $71,219.84, payable by a lump sum payment of $25,000 with the remaining $46,219.84 to be paid in 25 monthly installments of $1,801.19 and a final payment of $1,190.09. If appellant had not received the $25,000 lump sum payment, he would have received monthly payments of $1,801.19 through January 31, 1989. However, in accordance with the pay-out schedule, the benefit payments terminated November 30, 1987.

Since the initial award of permanent total disability, appellant's physical condition has deteriorated. Testimony in the record reveals that he has totally lost the use of his legs, which has confined him to a wheelchair, and additionally that he is beginning to "lose control" in the upper part of his body, including arm movement. Unfortunately, a letter to appellant from the deputy clerk of the district court mistakenly led appellant to believe that, upon completion of the payments as scheduled, he would be immediately eligible for additional benefits, despite the up-front lump sum payment.

Appellant, upon learning that he would not be immediately eligible for additional benefits upon payout of the initial award, filed a motion for additional benefits on June 16, 1987. As grounds for the motion, appellant asserted continued impairment of his earning capacity pursuant to § 27-12-405(d), W.S. 1977.[1] Thereafter, appellant *1331 filed an amended motion for additional benefits or modification of award asserting a change in condition and an increase in incapacity pursuant to §§ 27-12-405(b) and 27-12-606, W.S. 1977.

Appellee objected to the application for additional benefits, maintaining that the only provision for additional benefits to a permanently totally disabled claimant was § 27-12-405(d) and that, under the time limitation imposed by that section, appellant would not be eligible for further benefits until the initial award would have been paid out, if paid at the monthly rate fixed by law; i.e., January 31, 1989. The district court agreed and entered an order denying additional benefits.

Appellant's primary contention on appeal is that the Wyoming Worker's Compensation Act, as it existed in relation to his claim, authorized benefits to a permanently totally disabled worker over and above both the initial award provided in § 27-12-405(b) and the provision for additional benefits for continuing impairment of earning power found in § 27-12-405(d). Appellant urges us to find authority for additional benefits or an increase in the initial award on the basis of the language in § 27-12-405(b) that "[t]he court may modify the amount of award to conform to any change in the condition of the employee" and also on the basis of § 27-12-606, the general reopening or modification statute in the act. We are unable to agree with appellant's interpretation of these statutes.

Resolution of this issue requires that we apply our general rules of statutory construction and also apply certain specific rules of construction which have evolved in relation to the Wyoming Worker's Compensation Act. We have consistently held that worker's compensation law should be liberally construed if rationally possible so that industry rather than the injured worker will bear the burden of industrial injuries. City of Buffalo v. Van Buskirk, Wyo., 741 P.2d 120 (1987). However, under the guise of liberal construction, we cannot extend the beneficent purpose of compensation law to injuries which do not reasonably fall within the language of the statute. Conn v. Ed Wederski Construction Company, Wyo., 668 P.2d 649 (1983).

Our general rules of statutory construction are well settled. If the language of a statute is clear and unambiguous, we must abide by the plain meaning of the statute, Adobe Oil & Gas Corporation v. Getter Trucking, Inc., Wyo., 676 P.2d 560 (1984), but where a statute is ambiguous, the court will resort to general principles of statutory construction in an attempt to ascertain legislative intent. State v. Sodergren, Wyo., 686 P.2d 521 (1984). Furthermore, it is a fundamental rule of statutory interpretation that all portions of an act must be read in pari materia, and every word, clause, and sentence must be construed so that no part is inoperative or superfluous. Hamlin v. Transcon Lines, Wyo., 701 P.2d 1139 (1985). Additionally, we have held that this Court must assume that the legislature did not intend futile things, id., and that statutes should not be interpreted in a manner producing absurd results. State v. Sodergren, supra.

With these rules of construction in mind, we look to the statutes involved in this case. The relevant provisions of § 27-12-405 were as follows:

"(a) Permanent total disability means the loss of both legs or both arms, total loss of eyesight, paralysis or other conditions permanently incapacitating the employee from performing any work at any gainful occupation for which he is reasonably suited by experience or training.
"(b) If permanent total disability results from the injury, the employee shall receive for two hundred fifty-seven (257) weeks, an award equal to two-thirds (2/3) of the state's average weekly wage at the time of the injury, less any previous awards for permanent partial disability, payable in monthly installments at the rate of the state's average weekly wage *1332 rate as determined quarterly.

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

Related

Markle v. Williamson
518 P.2d 621 (Wyoming Supreme Court, 1974)
McArtor v. State
699 P.2d 288 (Wyoming Supreme Court, 1985)
Hamlin v. Transcon Lines
701 P.2d 1139 (Wyoming Supreme Court, 1985)
Adobe Oil & Gas Corp. v. Getter Trucking, Inc.
676 P.2d 560 (Wyoming Supreme Court, 1984)
Shapiro v. State Ex Rel. Worker's Compensation Division
703 P.2d 1079 (Wyoming Supreme Court, 1985)
McCarty v. Bear Creek Uranium Co.
694 P.2d 93 (Wyoming Supreme Court, 1985)
State v. Sodergren
686 P.2d 521 (Wyoming Supreme Court, 1984)
Conn v. Ed Wederski Construction Co.
668 P.2d 649 (Wyoming Supreme Court, 1983)
Fuhs v. Swenson
131 P.2d 333 (Wyoming Supreme Court, 1942)
Parnell v. State ex rel. Wyoming Worker's Compensation Division
735 P.2d 1367 (Wyoming Supreme Court, 1987)
Matter of Injury to Van Buskirk
741 P.2d 120 (Wyoming Supreme Court, 1987)
Deloges v. State ex rel. Wyoming Workers' Compensation Division
750 P.2d 1329 (Wyoming Supreme Court, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
750 P.2d 1329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deloges-v-state-ex-rel-wkrs-comp-div-wyo-1988.