McBride v. BLACKTOP

422 N.W.2d 255, 1988 Minn. LEXIS 91, 1988 WL 34931
CourtSupreme Court of Minnesota
DecidedApril 22, 1988
DocketC9-86-2102, C5-86-2128
StatusPublished
Cited by2 cases

This text of 422 N.W.2d 255 (McBride v. BLACKTOP) 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
McBride v. BLACKTOP, 422 N.W.2d 255, 1988 Minn. LEXIS 91, 1988 WL 34931 (Mich. 1988).

Opinions

OPINION

COYNE, Justice.

This appeal raises the question whether supplementary workers’ compensation benefits pursuant to Minn.Stat. § 176.132, subd. 1(a) (1984) replace temporary total disability benefits when the employee has exhausted the statutory limit of 350 weeks of temporary total disability benefits but has not established a claim for permanent total disability benefits. We answer the question in the negative and reverse the decision of the Workers’ Compensation Court of Appeals.

Wesley McBride suffered a work-related injury to his right foot and leg on June 19, 1969. His employer, Leon Joyce Blacktop, and its insurer, Lumbermens Mutual Casualty Co., admitted liability for employee’s claim and paid temporary total disability benefits during periods of total disability from that time until November 8, 1984, when they filed a notice to discontinue after having paid 350 weeks of temporary total disability benefits, the maximum required by the workers’ compensation law in effect at the time of employee’s injury, Minn.Stat. § 176.101, subd. 1 (1967). Temporary total disability benefits of $21,084 and supplementary benefits of $33,353 had been paid. An interim administrative decision, issued December 5, 1984 upheld the employer’s request to discontinue and denied the employee’s claim for continuing supplementary benefits. The employee filed an Objection to Discontinuance on January 21, 1985, later amended to join the Special Compensation Fund as a party. He did not allege a claim for permanent total disability but claimed that supplementary benefits should be continued even though the employer and insurer had satisfied the 350-week requirement because he continued to be temporarily totally disabled.

The compensation judge found it was not disputed that the employee was still disabled but denied the employee’s claim for supplementary benefits, reasoning that an employee must be currently receiving benefits under Minn.Stat. § 176.101 in order to be an eligible recipient of supplementary benefits under Minn.Stat. § 176.132, subd. 1(a). A divided Workers’ Compensation Court of Appeals (WCCA) affirmed the factual findings of the compensation judge but found error in the application of the law to the facts. On the theory that “[o]nce eligible, * * * always eligible” and that “entitlement as an eligible employee is vested”, the majority of the WCCA ruled that employee was an eligible recipient for supplementary benefits under section 176.132, subd. 1(a) because he had sustained an injury for which benefits were payable and had been totally disabled for more than 104 weeks. The WCCA declared that the employee has no obligation to prove permanent total disability. Employer sought review of this decision as did the Special Compensation Fund. These appeals have [257]*257been consolidated and the employer and insurer join in the brief of the Fund. Ami-cus curiae briefs have been filed by Minnesota Self Insurers Association and Insurance Federation of Minnesota and by the Minnesota Trial Lawyers Association.

The question we must determine is whether an employee who continues to be totally disabled is entitled to supplementary workers’ compensation benefits under Minn.Stat. § 176.132, subd. 1(a) when the employee has exhausted the statutory 360 weeks of temporary total disability benefits and has not established a claim for permanent total disability.1 We give due consideration to the interpretation of the statute by the WCCA but are not bound by it. Mankato Citizens Tel. Co. v. Comm’r of Taxation, 275 Minn. 107, 112, 145 N.W.2d 313, 317 (1966).

Minn.Stat. § 176.132, subd. 1(a) (1984)2 provides as follows:

176.132 SUPPLEMENTARY BENEFITS.
Subdivision 1. Eligible recipients, (a) An employee who has suffered personal injury prior to the effective date of clause (b) for which benefits are payable under section 176.101 and who has been totally disabled for more than 104 weeks shall be eligible for supplementary benefits as prescribed in this section after 104 weeks have elapsed and for the remainder of the total disablement. Regardless of the number of weeks of total disability, no totally disabled person is ineligible for supplementary benefits after four years have elapsed since the first date of the total disability, except as provided by clause (b), provided that all periods of disability are caused by the same injury.

While repeatedly assuring us that the statute is “clear and unambiguous,” the parties and amici representing different constituencies propose diametrically opposed constructions. The employee argues that any employee who has sustained a compensable injury and who has been totally disabled for 104 weeks is eligible for supplementary benefits as long as the employee is totally disabled, regardless of his eligibility for basic workers’ compensation. Employee contends that subdivision 3 of section 176.132 supports his position.3 The main thrust of the Fund’s argument is that only an employee who has sustained a com-pensable injury for which basic “benefits are payable” currently is eligible for supplementary benefits, and it bolsters its argument with reference to the payment provisions of subdivision 2 of section 176.132.4 [258]*258Section 176.132 seems to us, however, neither clear nor unambiguous, particularly when plucked from its context in the Workers’ Compensation Act. It must be remembered that on its enactment in 1971 section 176.132 was incorporated into an existing system of workers’ compensation, and it must be presumed that the legislature intended its provisions to mesh harmoniously with the system then in force.

In the beginning the Workers’ Compensation Act provided that in the event of a work-related injury producing temporary total disability, compensation — subject to maximum and minimum amounts — should be paid during the period of disability, but “not beyond three hundred weeks.” Act of April 24, 1913, ch. 467, § 13, 1913 Minn. Laws 675, 678-79. By 1971, when section 176.132 was enacted, the outer limits of entitlement to temporary total disability benefits had been extended to 350 weeks. Not only was there a limit on the number of weeks of temporary total disability for which benefits could be paid at the time section 176.132 was adopted, but that same 350 week limitation on temporary total disability benefits remained a part of the workers’ compensation system for four more years until 1975. See Act of June 4, 1975, ch. 359, § 8, 1975 Minn.Laws 1168, 1174.5 Throughout that 62-year period an injured worker who had received temporary total disability benefits for the specified number of weeks was no longer eligible for periodic disability benefits unless the worker demonstrated entitlement to permanent total disability benefits. That the legislature left the 350 week limitation on temporary total disability benefits undisturbed when it adopted the supplementary benefit provision compels the conclusion that supplementary benefits were not intended as a substitute for temporary total disability benefits after exhaustion of the period over which temporary total disability benefits were payable.

Supplementary benefits are not a direct part of the individual employer’s total workers’ compensation liability to a particular employee. Wilken v. International Harvester Co.,

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Related

Flemmings v. Control Data Corp.
429 N.W.2d 249 (Supreme Court of Minnesota, 1988)
McBride v. BLACKTOP
422 N.W.2d 255 (Supreme Court of Minnesota, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
422 N.W.2d 255, 1988 Minn. LEXIS 91, 1988 WL 34931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcbride-v-blacktop-minn-1988.