Grunst v. Immanuel-St. Joseph Hospital

424 N.W.2d 66, 1988 Minn. LEXIS 123, 1988 WL 54384
CourtSupreme Court of Minnesota
DecidedJune 3, 1988
DocketC0-87-2449
StatusPublished
Cited by7 cases

This text of 424 N.W.2d 66 (Grunst v. Immanuel-St. Joseph Hospital) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grunst v. Immanuel-St. Joseph Hospital, 424 N.W.2d 66, 1988 Minn. LEXIS 123, 1988 WL 54384 (Mich. 1988).

Opinion

SIMONETT, Justice.

In this workers’ compensation appeal we affirm the finding of causal relationship, affirm deferment of the permanent partial disability claim to another time, and, on the issue of whether the employee voluntarily retired from the work force, reverse and remand for consideration of the statutory presumption.

On December 18, 1984, employee Ruby Grunst, then 59 years old, quit her employment as a food service worker with Imman-uel-St. Joseph Hospital. Shortly thereafter, she filed a petition for workers’ compensation benefits, claiming disability and inability to work because of a skin disease caused or aggravated by her 13½ years of employment at the hospital.

At the hearing before the compensation judge it was undisputed Mrs. Grunst suffers from scleroderma with Raynaud’s phenomenon, the cause of which is unknown. This disease results in a hardening of the skin; the blood vessels become hyperactive to chemicals controlling blood pressure, and, if Raynaud’s syndrome is present, the person’s extremities, such as the hands in Mrs. Grunst’s case, may turn white or blue and cold, or red and hot. Mrs. Grunst has pain and swelling in her hands, wrists, and fingers, and these symptoms have progressively worsened over the years. She also has hyperthyroidism and hypertension.

Mrs. Grunst was first diagnosed as having scleroderma and Raynaud’s syndrome in 1964. In 1971 she began work at the hospital, working there for 13V2 years in the kitchen, where she handled cold foods, retrieved items from the freezer, and washed items of food in cold water. At the hearing, the employee’s medical expert testified that Mrs. Grunst’s job substantially contributed to her disease and disability. The employer’s doctor testified that the employment neither caused nor aggravated the disease.

The compensation judge determined that the employee was permanently totally disabled as a result of the work-related aggravation of the scleroderma and Raynaud’s syndrome, and awarded permanent total disability benefits. The judge also ruled that the employee did not intend to retire when she terminated her employment. Finally, the judge ruled there was insufficient evidence to make a permanent partial disability rating of the body as a whole, and he left the issue of permanent partial benefits open for a future claim petition. The Workers’ Compensation Court of Appeals (WCCA) affirmed. The employer and its insurer, as relators, appeal.

Relators raise three issues: (1) Whether there was an adequate foundation for the opinion of the employee’s medical expert; (2) whether the compensation judge’s failure to address the statutory presumption of retirement requires a remand; and (3) whether the judge erred in postponing the issue of permanent partial disability to another claim petition.

1. Although the cause of sclero-derma with Raynaud’s syndrome is unknown, we have in the past allowed a causal relationship to be found between an employee’s job and a disease of unknown origin. Pommeranz v. State, Dept. of Public Welfare, 261 N.W.2d 90 (Minn.1977) (primary biliary cirrhosis); Boldt v. Jostens, Inc., 261 N.W.2d 92 (Minn.1977) (Goodpas-ture’s Syndrome). If an opinion by a medical expert in a respected, recognized field of medicine is given with reasonable medical certainty, that opinion may, if the trier of fact chooses to rely on it, support a *68 causal link between the worker’s disability and the job. The opinion must, however, be based on an adequate foundation.

Relators contend the necessary foundation for the expert’s opinion in this case was lacking because the medical history relied upon was incomplete, and a hypothetical question was not used to elicit the expert’s opinions. These contentions are without merit. Dr. Erskine Caperton, the employee’s doctor, had treated Mrs. Grunst for several months. He described the history taken and the treatment given and believed the constant, prolonged exposure to cold objects in a cold environment while working at the hospital permanently aggravated the employee’s condition to the point of permanent disability. The items missing from the employee’s medical history were not of great consequence and on cross-examination the omissions were revealed and discussed. See Scott v. Southview Chevrolet Co., 267 N.W.2d 185, 188 (Minn.1978). It was not necessary for Dr. Caperton’s testimony to be elicited in the form of a hypothetical question.

2. Minn.Stat. § 176.101, subd. 8 (1986), effective January 1, 1984, provides:

For injuries occurring after the effective date of this subdivision an employee who receives social security old age and survivors insurance retirement benefits is presumed retired from the labor market. This presumption is rebuttable by a preponderance of the evidence.

Mrs. Grunst quit work in December 1984. She filed a claim petition for workers’ compensation benefits the following summer in August 1985. In September 1985, having then reached her 60th birthday, she began receiving survivors social security benefits of $480 a month. (She was also receiving $200 a month under a private disability insurance policy, plus $1,020 a month work ers’ compensation dependency benefits from her husband’s death in 1977.)

The employer argues that the trial judge, in deciding whether to award permanent total disability benefits, should have followed the above-quoted statute and presumed that Mrs. Grunst had retired from the labor market. In his decision, the compensation judge says only, “There is insufficient evidence of record to conclude that this employee intended to retire.” The WCCA assumed, as do we, that the judge did not apply the presumption. The WCCA ruled, however, that the presumption did not apply because the employee was receiving only survivors benefits, not, as the statute requires, “old age and survivors insurance retirement benefits” (emphasis added). The employer contends this interpretation of § 176.101, subd. 8, is wrong. We agree.

To construe the statute to impose the rebuttable presumption only when one receives both old age and survivors benefits would greatly limit the scope of the presumption and lead to anomalous results. In most cases, a person who becomes entitled to old age benefits is no longer entitled to survivors benefits. See 42 U.S.C. § 402(e)(1). 1 A person remains entitled to survivors benefits only if the amount of old age benefits the person is entitled to receive is less than the survivors benefits; in such a case, the person collects both old age and survivors benefits, but not in an amount greater than the survivors benefits to which the person is already entitled. See 42 U.S.C. § 402(q).

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Bluebook (online)
424 N.W.2d 66, 1988 Minn. LEXIS 123, 1988 WL 54384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grunst-v-immanuel-st-joseph-hospital-minn-1988.