Pinkston v. Teletronics, Inc.

4 S.W.3d 130, 1999 Ky. LEXIS 115, 1999 WL 743470
CourtKentucky Supreme Court
DecidedSeptember 23, 1999
DocketNo. 98-SC-945-WC
StatusPublished
Cited by4 cases

This text of 4 S.W.3d 130 (Pinkston v. Teletronics, Inc.) 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
Pinkston v. Teletronics, Inc., 4 S.W.3d 130, 1999 Ky. LEXIS 115, 1999 WL 743470 (Ky. 1999).

Opinions

OPINION OF THE COURT

This workers’ compensation appeal concerns several questions relative to the award of rehabilitation benefits as authorized by KRS 342.710 and KRS 342.715.

Claimant’s date of birth is October 23, 1944. He was injured at work in March, 1990, when he fell through the ceiling of a [131]*131building in which he was installing a telephone system. Claimant had a GED, had studied electronics, and had a master electrician’s license in West Virginia. He was awarded a 60% permanent, partial occupational disability. Claimant indicated that he wished to pursue a vocational rehabilitation program, and Drs. Reiss, Scutch-field, and Wells all indicated that claimant was an excellent candidate for vocational rehabilitation. In view of this, the Administrative Law Judge (ALJ) who considered the claim concluded that a rehabilitation evaluation was appropriate.

Claimant underwent the required evaluation and subsequently enrolled in a 22-month, full-time program in major appliance repair. There was evidence that the program had a 94% placement rate and that graduates were offered starting salaries which approached claimant’s pre-inju-ry average weekly wage. Participation in the program necessitated a 97-mile round trip from his home in Springfield to the Kentucky Vocational School in Elizabeth-town for five days each week. The employer voluntarily paid approximately $1,200.00 for registration fees, books and tuition in the program but refused to reimburse claimant for mileage or to pay additional rehabilitation benefits pursuant to KRS 342.715; therefore, claimant moved to reopen the award on December 6, 1995, in order to seek those benefits.

Claimant asserted that he was entitled to reimbursement for mileage necessary to attend the vocational rehabilitation program. He also asserted that he was entitled to rehabilitation benefits pursuant to KRS 342.715 for a full 22 months of participation in the vocational rehabilitation program in addition to his permanent partial disability award. He asserted that payment of the permanent, partial disability award should be suspended during the period of vocational rehabilitation, with the balance of the award becoming payable from the termination of rehabilitation benefits. In response, the employer asserted that vocational rehabilitation benefits were limited to 52 weeks and sought credit for its voluntary payments to the extent that they covered more than 52 weeks of rehabilitation.

At reopening, the ALJ awarded rehabilitation benefits pursuant to KRS 342.715 for the 22 months of the program and mileage for the days claimant actually attended class. Payment of the partial disability award was suspended during the 22-month period that rehabilitation benefits were ordered. Pursuant to the employer’s appeal and claimant’s cross-appeal, the Workers’ Compensation Board (Board) affirmed the order of rehabilitation benefits pursuant to KRS 342.715 but determined that they were authorized only from the date of the motion to reopen. The Board determined that rehabilitation benefits were paid in lieu of partial disability benefits during the weeks that the two awards overlapped, reversing the award in that regard.

The Court of Appeals determined that no “sound medical evidence” supported the extension of the 52-week rehabilitation period which was authorized by KRS 342.710 to 22 months. It affirmed the decision of the Board in all other respects. Claimant now appeals, and the employer cross-appeals.

On the date of claimant’s injury, KRS 342.710 provided, in pertinent part, as follows:

(1) One of the primary purposes of this chapter shall be restoration of the injured employe to gainful employment. ...
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(3) An employe who has suffered an injury covered by this chapter shall be entitled to prompt medical rehabilitation services for whatever period of time is necessary to accomplish physical rehabilitation goals which are feasible, practical, and justifiable. When as a result of the injury he is unable to perform work for which he has previous training or experience, he shall be entitled to [132]*132such vocational rehabilitation services, including retraining and job placement, as may be reasonably necessary to restore him to suitable employment.... Vocational rehabilitation training, treatment or service shall not extend for a period of more than fifty-two (52) weeks, except in unusual cases when by special order of the administrative law judge, after hearing and upon a finding, determined by sound medical evidence which indicates such further rehabilitation is feasible, practical and justifiable, the period may be extended for additional periods.
(4) Where rehabilitation requires residence at or near the facility or institution, away from the employe’s customary residence, reasonable cost of his board, lodging or travel shall be paid for by the employer or his insurance carrier.

KRS 342.710(3) authorizes medical rehabilitation services of unlimited duration in order to accomplish “feasible, practical, and justifiable” physical rehabilitation goals. In contrast, the vocational rehabilitation services which are provided are more limited. KRS 342.710(3) authorizes an ALJ to order vocational rehabilitation of more than 52 weeks’ duration only after conducting a hearing and upon “sound medical evidence” that further rehabilitation is “feasible, practical, and justifiable.” A worker who participates in a rehabilitation program of more than 52 weeks’ duration, without prior approval, clearly does so without the assurance that the entire program will be compensable. We observe, however, that nothing in KRS 342.710 provides that benefits are forfeited unless approval is obtained before enrollment in a vocational rehabilitation program of more than 52 weeks’ duration.

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Bluebook (online)
4 S.W.3d 130, 1999 Ky. LEXIS 115, 1999 WL 743470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pinkston-v-teletronics-inc-ky-1999.