Joseph Jewell v. Ford Motor Company

462 S.W.3d 713, 2015 WL 3637438
CourtKentucky Supreme Court
DecidedJune 8, 2015
Docket2014-SC-000234-WC
StatusUnknown
Cited by1 cases

This text of 462 S.W.3d 713 (Joseph Jewell v. Ford Motor Company) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joseph Jewell v. Ford Motor Company, 462 S.W.3d 713, 2015 WL 3637438 (Ky. 2015).

Opinion

OPINION OF THE COURT BY

JUSTICE KELLER

Joseph Jewell (Jewell) appeals from the opinion of the Court of Appeals holding that the administrative law judge (the ALJ) correctly excluded unemployment compensation benefits when calculating Jewell’s average weekly wage (AWW). Having reviewed the record and the arguments of the parties, we affirm.

I. BACKGROUND.

Jewell suffered a work-related injury on December 4, 2009, for which he timely filed a claim. Based on the evidence, the ALJ determined that: Jewell had an AWW of $968.20; he suffered a period of temporary total disability, entitling him to benefits at the rate of $645.47 per week; and he has a 5.95% permanent partial disability rating, entitling him to benefits at the rate of $30.98 per week. The only issue before us is whether the ALJ appropriately excluded unemployment compensation benefits when he calculated Jewell’s AWW. Therefore, we only set forth in detail the facts related to that issue.

During layoff periods, Ford completes the necessary paperwork for its employees to receive unemployment compensation benefits. After an employee begins receiving unemployment compensation benefits, Ford makes supplemental or “sub-pay” payments sufficient to increase the amount the employee receives while laid off to 95% of his or her base pay rate.

Kentucky Revised Statute (KRS) 342.140(l)(d) provides that an hourly employee’s average weekly wage is based on his or her earnings during the highest quarter in the fifty-two week period preceding the injury. Based on the AWW form supplied by Ford, Jewell’s highest quarter was the thirteen-week period immediately preceding the injury. That quarter included one week when Jewell was laid off from work. 1 When calculating Jewell’s AWW, Ford added a zero for the lay-off week resulting in an average week *715 ly wage of $937.43. Jewell, on the other hand, added $400.00 in sub-pay and $373.00 in unemployment compensation benefits for that week, resulting in an average weekly wage of $996.89. The ALJ found that sub-pay should be included in the AWW calculation but that unemployment compensation benefits should not. Thus, the ALJ added $400.00 in sub-pay for the lay-off week and determined that Jewell’s AWW was $968.20.

Both parties appealed to the Workers’ Compensation Board (the Board), which affirmed the ALJ’s finding that unemployment benefits should not be included in the AWW calculation. However, the Board reversed the ALJ’s finding that sub-pay should be included. Jewell appealed to the Court of Appeals, which reversed the Board’s finding regarding sub-pay but affirmed the Board’s finding regarding unemployment benefits. Jewell then appealed to this Court arguing that unemployment benefits should be included in the AWW calculation. Ford is not contesting the inclusion of sub-pay in that calculation; therefore, we do not address the appropriateness of its inclusion. For the following reasons, we disagree with Jewell and affirm the Court of Appeals’s decision.

II. STANDARD OF REVIEW.

The issue presented is one of statutory interpretation, which we review de novo. Saint Joseph Hosp. v. Frye, 415 S.W.3d 631, 632 (Ky.2013).

We presume when interpreting a statute that the legislature intended for it to mean exactly what it says. Although ambiguous language must be interpreted based on legislative purpose and intent, unambiguous language requires no interpretation.

Chrysalis House, Inc. v. Tackett, 283 S.W.3d 671 (Ky.2009). Furthermore, we presume that the General Assembly intended for a statute to be construed as a whole, and for all of its parts to have meaning. Hall v. Hospitality Resources, Inc., 276 S.W.3d 775 (Ky.2008); Lewis v. Jackson Energy Cooperative Corporation, 189 S.W.3d 87 (Ky.2005).

III. ANALYSIS.

“Wages” are “money payments for services rendered, [and] the reasonable value of board, rent, housing, lodging, and fuel or similar advantage received from the employer, and gratuities received in the course of employment from others than the employer to the extent the gratuities are reported for income tax purposes.” KRS 342.140(6). 2 The Court of Appeals determined that unemployment compensation benefits are not money payments for services rendered. We agree, as noted by the Court of Appeals, that such payments to a laid off employee are made because the employee is not rendering any service to the employer, not because he or she is rendering a service to the employer.

Furthermore, with the exception of gratuities, wages are “received from the employer.” Unemployment compensation benefits are not received from the employer but, as noted in Ford’s benefit plan document, are “State System Benefits].” In fact, Ford cannot calculate sub-pay until after an employee begins receiving unemployment compensation benefits because Ford does not know how much unemployment compensation the employee will receive. Certainly, if Ford was paying that benefit to the employee, it would know the amount of the payment. Therefore, based on the unambiguous language of KRS 342.140(6), unemployment compensation benefits are not wages.

*716 Despite the unambiguous language of the statute, Jewell argues that unemployment compensation benefits should be included as wages because: (1) employers are entitled to a credit for unemployment benefits pursuant to KRS 342.730(5); (2) unemployment compensation benefits, like wages, are paid directly to the employee and taxable; and (3) Ford uses unemployment compensation benefits “to compensate their employees instead of paying the contractual base rate.” We address each argument below.

First, KRS 342.730(5) provides that “[a]ll income benefits pursuant to this chapter otherwise payable for temporary total and permanent total disability shall be offset by unemployment insurance benefits paid for unemployment during the period of temporary total or permanent total disability.” This part of KRS Chapter 342 addresses liability for benefits due to disability that results after an injury has occurred. It has nothing to do with AWW, which is based on wages earned before an injury occurred.

Second, Jewell is correct that unemployment compensation is paid directly to the employee and taxable, just as wages are. However, as set forth above, it is, in part, the source

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462 S.W.3d 713, 2015 WL 3637438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-jewell-v-ford-motor-company-ky-2015.