Pacific Power and Light v. Parsons

692 P.2d 226, 1984 Wyo. LEXIS 356
CourtWyoming Supreme Court
DecidedDecember 11, 1984
Docket84-64, 84-102
StatusPublished
Cited by46 cases

This text of 692 P.2d 226 (Pacific Power and Light v. Parsons) 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
Pacific Power and Light v. Parsons, 692 P.2d 226, 1984 Wyo. LEXIS 356 (Wyo. 1984).

Opinions

BROWN, Justice.

The trial court awarded appellee, Ray L. Parsons, temporary total disability compensation although it was shown that he did some work and received some earnings during the period of time he claimed temporary total disability. Appellant Pacific Power and Light (hereinafter PP & L), the employer, appeals the compensation award order. Appellant, State of Wyoming, ex rel. Wyoming Worker’s Compensation Division (hereinafter Worker’s Compensation Division), appeals the trial court’s order denying its petition to reopen appellee’s compensation claim. We will affirm both orders.

Appellee Parsons twisted his ankle while walking down a flight of stairs at PP & L’s Jim Bridger plant, and aggravated a preexisting injury. Reconstructive surgery was performed on Parsons’ right ankle, June 8, 1983, and he was discharged from the hospital June 13, 1983. Parsons returned to work at the Jim Bridger plant on November 28, 1983, upon being released for regular duty by his physician. It is not disputed that during a six-week period in the summer of 1983 appellee worked eight to ten hours a day in a sod and landscaping business owned by him and his wife. During this time Parsons laid sod and drove a tractor.

PP & L filed objections to the award of worker’s compensation benefits. The only part of the court’s order awarding benefits that PP & L appeals is that of temporary total disability. PP & L contends that because of Parsons’ work and money earned in the summer of 1983 it is clear that he was “not incapacitated from performing work at a gainful occupation for which he was suited by experience and training, and [228]*228during which his earning capacity was substantially restored.”

After a hearing on PP & L’s objections to the award, the trial court entered its order dated February 16,1984, providing in part:

“That Ray L. Parsons is entitled to receive Worker’s Compensation disability benefits from June 6, 1983, when he entered the hospital, until November 28, 1983, minus a six week period when he engaged in the operation of a sod and landscaping business owned by him under the name of D & R Contracting, together with the payment of all medical and hospital expenses related to said matter.”

Appellant Worker’s Compensation Division petitioned the trial court to reopen appellee’s compensation case. The petition was denied, and appellant appeals that order. The appeal of Worker’s Compensation Division and the appeal of PP & L were consolidated for disposition in this court.

I

The purpose of temporary disability compensation is to provide income for an employee during the time of healing from his injury and-until his condition has stabilized. We have said that the worker’s compensation law is to be liberally and reasonably construed so that the industry, not the worker, will bear the burden of injuries suffered. Mor, Inc. v. Haverlock, Wyo., 566 P.2d 219 (1977); and Pease v. Pacific Power and Light Company, Wyo., 453 P.2d 887 (1969). This policy, however, has limitations, and we are not free under the guise of statutory construction to extend the intended coverage. Matter of Van Matre, Wyo., 657 P.2d 815 (1983); and Alco of Wyoming v. Baker, Wyo., 651 P.2d 266 (1982).

Appellants contend that § 27-12-402, W.S.1977, does not authorize temporary total disability benefits under the facts of this case. The statute provides in part:

“(a) Temporary total disability means a compensable injury which temporarily incapacitates the employee from performing any work at any gainful occupation for which he is reasonably suited by experience or training for the time, but from which he may be able to resume work. * * *
“(b) * * * As soon as the recovery is so complete that the earning power of the employee at a gainful occupation for which he is reasonably suited by experience or training, is substantially restored, the payment shall cease. * * * ”

We have not had an occasion to address the effect of a compensation claimant working and earning money during the time he was medically determined to be temporarily totally disabled. Authority from other states is only marginally helpful because their worker’s compensation schemes are different.

In Entwistle Company v. Wilkins, Utah, 626 P.2d 495 (1981), an injured clai-maint worked in the business he and his son owned during a period when he claimed temporary, total disability compensation. The work the employee performed in the family business was substantially the same type of work he had done for his employer. In upholding the award of temporary, total disability compensation, the Utah court said:

“ * * * ‘[TJotal disability’ does not mean a state of abject helplessness or that the injured employee must be unable to do any work at all. The fact that an injured employee may be able to do some kinds of tasks to earn occasional wages does not necessarily preclude a finding of total disability to perform the work or follow the occupation in which he was injured. * * *
“ * * * The fact that he did not remain completely idle, but spent some time in helping with the family business is not inconsistent with the finding that his injury temporarily prevented him from performing his usual line of work. * * * ” Id., at p. 498.

There may be times during the recuperative period when an injured employee can be employed without terminating the recov[229]*229ery period. Speigner v. McGhee, 55 Ala.App. 384, 316 So.2d 215 (1975).

In addressing earning capacity, generally, Professor Larson says:

“It is uniformly held, therefore, without regard to statutory variations in the phrasing of the test, that a finding of disability may stand even when there is evidence of some actual post-injury earnings equaling or exceeding those received before the accident. The position may be best summarized by saying that actual post-injury earnings will create a presumption of earning capacity commensurate with them, but the presumption may be rebutted by evidence independently showing incapacity or explaining away the post-injury earnings as an unreliable basis for estimating capacity. * * * ” 2 Larson, Workmen’s Compensation Law, § 57.21, p. 10-79, et seq. (1983).
“The determination whether the period of temporary total disability has ended may also involve nonmedical facts touching claimant’s employment situation. The disability period is not automatically terminated merely because claimant obtains some employment if maximum recovery had not been achieved at the time. * * * ” 2 Larson, Workmen’s Compensation Law, § 57.12, p. 10-17, et seq. (1983).

Some occasional work and attempts to get work, during the healing period, do not justify denying temporary total benefits. Also, if a claimant is unable to perform remunerative work with reasonable consistency, without pain and discomfort, temporary disability is deemed total. Pyles v. Triple F.

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Bluebook (online)
692 P.2d 226, 1984 Wyo. LEXIS 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pacific-power-and-light-v-parsons-wyo-1984.