Knight v. Ford

1994 OK 74, 877 P.2d 602, 65 O.B.A.J. 2230, 1994 Okla. LEXIS 86
CourtSupreme Court of Oklahoma
DecidedJune 28, 1994
DocketNo. 81595
StatusPublished
Cited by8 cases

This text of 1994 OK 74 (Knight v. Ford) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knight v. Ford, 1994 OK 74, 877 P.2d 602, 65 O.B.A.J. 2230, 1994 Okla. LEXIS 86 (Okla. 1994).

Opinion

WATT, Justice.

SUMMARY OF FACTS AND PROCEDURAL HISTORY

James D. Knight was awarded permanent total disability benefits by the Workers’ Compensation Court for an occupational disease he suffered while employed by respondent Chickasha Ford. The date of his last hazardous exposure was November 25, 1987. Disability benefits were paid Knight until his death on May 15, 1992. The parties stipulated that Knight died as a result of his occupational disease.

Petitioner Lennie Earlene Knight, James Knight’s widow, filed a claim for death benefits with the Workers’ Compensation Court. The court awarded petitioner a lump sum of $10,000.00 and continuing benefits of $184.37 per week. The weekly benefit award was based upon the State’s Average Weekly Wage in effect at the time of James Knight’s death.1 A three judge panel of the Workers’ Compensation Court held that the death benefits should be based upon the State’s Average .Weekly Wage at the time of James Knight’s last hazardous exposure. Accordingly, the panel modified the weekly benefit award to $173.58.2 On appeal, the Court of Appeals reversed the three judge panel’s ruling and affirmed the decision of the trial court. This Court granted the employer’s petition for certiorari on March 23, 1994.

ISSUE

The sole issue to be decided in this proceeding is which date — the date of an employee’s last hazardous exposure or the date of death — controls the amount of recovery for death benefits under the Workers’ Compensation Act. We hold that the maximum amount of death benefits payable to a beneficiary under 85 O.S.1991 § 22(8) must be based upon the State’s Average Weekly Wage in effect at the time of the employee’s death.

DISCUSSION

Weekly income benefits for the death of a worker covered by the Workers’ Compensation Act are calculated pursuant to 85 O.S. 1991 § 22(8). The relevant provisions of that subsection state:

8. Income benefits for death. If the injury or occupational disease causes death, income benefits shall be payable in the amount and for the benefit of the persons following, subject to the maximum limits specified hereafter:
(a) Benefit amounts for particular classes of dependents.
(1) If there is a surviving spouse, to such surviving spouse fifty percent (50%) of the average weekly wages the deceased was earning.
⅜ ⅜ * * ⅜ ⅜
(c) Maximum income benefits for death. For purposes of this section, the average weekly wage of the employee shall be taken as not more than the average weekly wage of the state. In no ease shall the aggregate weekly income benefits payable to all beneficiaries under this section exceed the maximum income benefits that were or would have been payable for total permanent disability to the deceased.

[604]*604The above provisions, in effect at the time of the deceased’s death, are identical in all respects to the law in effect at the time of the deceased’s last hazardous exposure, 85 O.S.Supp.1987 § 22(8)(a)(l) and (c).

The fundamental rule of statutory construction is to ascertain and, if possible, give effect to the intention and purpose of the Legislature as expressed in a statute. Public Serv. Co. of Okla. v. State ex rel. Corp. Comm’n, 842 P.2d 750, 752 (Okla.1992). In construing a statute, “relevant provisions must be considered together, where possible, to give force and effect to each other.” Id., quoting Ledbetter v. Okla. Alcoholic Bev. Laws Enforcement Comm’n, 764 P.2d 172, 179 (Okla.1988). Furthermore, this Court has held that the Workers’ Compensation Act must be liberally construed “in favor of those for whose protection the statutory compensation was fixed and who, by the terms of the act, are deprived of the ordinary remedies open to others whose rights are invaded.” Burger v. Lickliter, 319 P.2d 594, 598 (Okla.1957), quoting Denbo v. Roark, 196 Okla. 386, 164 P.2d 977, 980 (1945).

Respondent asserts that under § 22(8)(a)(l) petitioner is entitled to 50% of the average weekly wages her husband was earning at the time of his last hazardous exposure. This interpretation is based upon the employer’s argument that the deceased did not “earn” any wages, within the meaning of this provision, after he became permanently totally disabled as a result of his occupational disease. This Court declines to adopt such a narrow interpretation of this provision. The term “earning” is not defined in subsection (8)(a)(l). However, for the reasons stated below, we hold that “earning” under this statute is not limited to that amount of money the deceased was formerly paid for actual physical labor.

Initially, we find that the employer’s proffered interpretation of subsection (8)(a)(l) is inconsistent with the purpose of the Workers’ Compensation Act. This Court has held that the purpose of the Act is to compensate injured workers for loss of earning power and disability to work. Special Indemnity Fund v. Treadwell, 693 P.2d 608, 610 (Okla. 1984); Service Pipe Line Co. v. Cargill, 289 P.2d 961, 962 (Okla.1955). In the present case, the deceased’s award for permanent total disability was intended to compensate him for his lost earning power.3 Thus, for purposes of subsection (8)(a)(1), the disability award paid the deceased represented the amount he was “earning” at the time of his death.

The employer’s argument is also contrary to the provisions of 85 O.S.1991 § 3.6(D)4 and prior decisions of this Court. In Independent School Dist. No. 89 v. McReynolds, 528 P.2d 313 (Okla.1974), the worker suffered a heart attack in 1969 for which he was awarded total permanent disability benefits. When the worker died in 1972 as a result of his prior job-related heart attack, his widow and children were awarded maximum death benefits under 85 O.S.1971 § 22(7)(4). On appeal, the employer argued the maximum death benefit award should have been $13,-500.00 under the statute in effect at the time of the worker’s accidental injury, 85 O.S.Supp.1968 § 22(7)(A), rather than $25,-000 under the statute in effect at the time of the worker’s death, 85 O.S.1971 § 22(7)(4). In determining which statute controlled the amount of recovery, we held:

The right of survivors and heirs to recover damages for wrongful death exists solely by reason of the statute. Those named in the statute have no right of action until death results from injury. When that event occurs the cause of action vests in those recognized in the statute. Since this statutory right does not arise until death, it follows that the right which [605]*605vests must be determined under the law in effect on that date. The right of claimant and minor children to claim death benefits under 85 O.S.1971, § 22(7) did not accrue until June 15, 1972. Adjudication of those rights properly was made under the law applicable on that date.

Id. at 317.

A holding mirroring that set forth above was announced in Lekan v. P & L Fire Protection Co., 609 P.2d 1289 (Okla.1980). After restating the provisions of 85 O.S. § 3.6(D), the Court held:

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Bluebook (online)
1994 OK 74, 877 P.2d 602, 65 O.B.A.J. 2230, 1994 Okla. LEXIS 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knight-v-ford-okla-1994.