Pangerl ex rel. Pangerl v. Electric Repair & Construction

645 N.W.2d 151, 2002 Minn. LEXIS 393, 2002 WL 1291819
CourtSupreme Court of Minnesota
DecidedJune 13, 2002
DocketNo. C7-01-2035
StatusPublished

This text of 645 N.W.2d 151 (Pangerl ex rel. Pangerl v. Electric Repair & Construction) 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
Pangerl ex rel. Pangerl v. Electric Repair & Construction, 645 N.W.2d 151, 2002 Minn. LEXIS 393, 2002 WL 1291819 (Mich. 2002).

Opinion

OPINION

RUSSELL A. ANDERSON, Justice.

The Workers’ Compensation Act provides that the death benefit for an employee’s surviving spouse and dependent children is calculated as a percentage of the deceased employee’s wage at the time of injury, subject to a maximum weekly compensation rate, adjusted annually. The Act further provides that when the last dependent child is no longer dependent, the surviving spouse is paid a weekly benefit for an additional ten years at a rate that is 25 percent less than the “last weekly workers’ compensation benefit payment.”

In this case, the weekly death benefit for the surviving spouse and dependent children was limited to the maximum weekly compensation rate, and now that the children are no longer dependent, we are asked to determine the proper method of calculating the ongoing death benefit for the surviving spouse alone. Specifically, we must decide whether the correct statutory calculation is to reduce by 25 percent the maximum weekly compensation benefit to which the surviving spouse and the children have been entitled or whether the correct statutory calculation is to reduce by 25 percent the surviving spouse and dependent children’s benefit entitlement based upon the deceased employee’s wage at the time of injury, and then subject that determination to the maximum compensation rate. We conclude that the correct statutory method of calculating the 25 percent reduction in benefits is the latter method, and we affirm.

The parties have stipulated to the material facts. Roland Pangerl, an employee of relator Electric Repair & Construction, died on August 12, 1987, as a result of a [153]*153work-related injury that had occurred on July 23, 1987. He was survived by his spouse, respondent JoAnne Pangerl, and their two children, one born in 1971 and the other in 1978. The employer and its workers’ compensation insurer, relator CNA Commercial Insurance, accepted liability for the injury and death and began paying dependents’ death benefits under the Workers’ Compensation Act, effective July 24,1987.

Roland Pangerl’s weekly wage on the date he was injured was $891.80. Under Minn.Stat. § 176.111, subd. 8 (2000), Roland Pangerl’s surviving spouse and two dependent children were entitled to 66-2/3 percent of his wage at the time of injury, or $694.53 per week. However, the Act also provides a maximum compensation rate equal to the maximum weekly compensation for a temporary total disability. Minn.Stat. § 176.111, subd. 20 (2000). At the time of Roland Pangerl’s injury, the maximum compensation rate for a temporary total disability was $360. The employer and its insurer therefore paid the maximum weekly benefit of $360, which was adjusted annually to match the percentage increase in the statewide average weekly wage, not to exceed six percent annually, in accordance with the provisions of Minn.Stat. § 176.645 (1986).

The employer and its insurer continued payment of benefits for more than 13 years, until January 22, 2001, at which point the employer and insurer filed a petition seeking to reduce payments because both children no longer qualified for presumptive dependent status under the Act.1 The employer and insurer’s petition for a reduction of the amount of their payments to JoAnne Pangerl by 25 percent cited Minn.Stat. § 176.111, subd. 8, which provides that when the last child is no longer dependent, the surviving spouse shall be paid weekly benefits at a rate that is 25 percent less than the “last weekly workers’ compensation benefit payment.” The employer and its insurer argued that this statutory provision required that the weekly payment be reduced by 25 percent. JoAnne Pangerl argued that there should be no reduction in weekly payments. She argued that the amount of the weekly benefit she received was never increased because of her two dependent children and, therefore, her benefit should not be decreased because of the emancipation of the children. The case was submitted on stipulated facts to a compensation judge, who agreed with JoAnne Pangerl and denied the petition to reduce benefits by 25 percent. The WCCA concluded that because the weekly benefit in this case was never increased because of the children, the emancipation of the children could not serve as the basis for a reduction of the benefit and affirmed by split decision. Pangerl v. Elec. Repair & Constr., 2001 WL 1568320, at *3-*4 (Minn. WCCA Oct. 25, 2001).

I.

We are asked in this case to apply the language of the Workers’ Compensation Act to undisputed facts, which we do de novo. Kloss v. E & H Earthmovers, 472 N.W.2d 109, 112 (Minn.1991). A brief overview of the statutory scheme provides a helpful starting point for our analysis. When an employee dies as a result of a work-related injury, the Act provides for the payment of a death benefit to dependents. See Minn.Stat. § 176.111, subd. 5 (1986). When a deceased employee leaves a surviving spouse and no dependent children, 50 percent of the employee’s weekly [154]*154wage at the time of the injury shall be paid to the surviving spouse for a period of ten years. Minn.Stat. § 176.111, subd. 6 (2000). When a deceased employee leaves a surviving spouse and one dependent child, 60 percent of the employee’s daily wage at the time of the injury shall be paid for the benefit of the surviving spouse and the dependent child until the child is no longer dependent, at which point the rate of the last weekly benefit is reduced by 16-2/3 percent and is then paid to the surviving spouse for a period of ten years. Minn.Stat. § 176.111, subd. 7 (2000). The reduction of the weekly benefit by 16-2/3 percent returns the weekly benefit, without regard to the annual adjustment, to 50 percent of the deceased employee’s wage.

When the deceased employee leaves a surviving spouse and two dependent children, as was the case here, 66-2/3 percent of the daily wage at the time of the injury shall be paid to the surviving spouse for the benefit of both the spouse and the children until the last child is no longer dependent. Minn.Stat. § 176.111, subd. 8.2 At the point of emancipation of the last child, the surviving spouse receives a weekly benefit for ten years at a rate that is 25 percent less than “the last weekly workers’ compensation benefit payment.” Id. The reduction of the weekly benefit by 25 percent returns the weekly benefit, without regard to the annual adjustment, to 50 percent of the deceased employee’s wage.

The “last weekly workers’ compensation benefit payment” is defined in MinmStat. § 176.111, subd. 8a (2000) as the workers’ compensation benefit that would have been payable without the application of Minn. Stat. § 176.111, subd. 21 (2000). Subdivision 21 essentially provides that the total of weekly government survivor benefits and workers’ compensation death benefits shall not exceed 100 percent of the deceased employee’s weekly wage at the time of the injury causing death. Minn.Stat. § 176.111, subd. 21.

The Act separately establishes a maximum weekly compensation rate for workers’ compensation death benefits. Minn. Stat. § 176.111, subd. 20.3 The statute provides that “[t]he total weekly compensation to be paid to full actual dependents of a deceased employee shall not exceed in the aggregate an amount equal to the maximum weekly compensation for a temporary total disability.” Id.

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Related

Kloss v. E & H EARTHMOVERS
472 N.W.2d 109 (Supreme Court of Minnesota, 1991)

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Bluebook (online)
645 N.W.2d 151, 2002 Minn. LEXIS 393, 2002 WL 1291819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pangerl-ex-rel-pangerl-v-electric-repair-construction-minn-2002.