Redgate v. Sroga's Standard Service

421 N.W.2d 729, 1988 Minn. LEXIS 62, 1988 WL 29910
CourtSupreme Court of Minnesota
DecidedApril 8, 1988
DocketCX-87-1759, C1-87-1763
StatusPublished
Cited by16 cases

This text of 421 N.W.2d 729 (Redgate v. Sroga's Standard Service) 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
Redgate v. Sroga's Standard Service, 421 N.W.2d 729, 1988 Minn. LEXIS 62, 1988 WL 29910 (Mich. 1988).

Opinions

OPINION

SIMONETT, Justice.

This case raises the issue whether, under post-1983 law, an injured employee who has not reached maximum medical improvement, must make a diligent search for light duty work to receive temporary total disability benefits. We hold there is a diligent search requirement and that the evidence supports the compensation judge’s finding that no diligent search was made in this case. We reverse the contrary rulings of the Workers’ Compensation Court of Appeals, but affirm the weekly wage calculation.

Employee-respondent Bruce Redgate injured his back on two occasions, the first in 1983 while working as a mechanic for relator Sroga's Standard Service, and the second time, in November 1985, while working at relator New Hope Foods, a Hardee’s restaurant.1

After the 1983 injury, the employee, with the help of a qualified rehabilitation consultant (QRC), found work as a baker and then as a trainee-manager at Hardee’s. At this time, the employee was under doctor’s orders to limit his back movements and not to lift more than 35 pounds, and he was receiving temporary partial disability benefits from his first employer, Sroga. On November 4, 1985, the employee reinjured his back at Hardee’s and was unable to return to work. Some 4 months later, on March 10, 1986, the employee visited his doctor, Marlen Strefling, an orthopedist, who advised him to limit his lifting and bending to table height, not to lift over 10 [731]*731to 15 pounds, and to engage only in work where he could sit or stand as he saw fit. Whether Dr. Strefling released the employee for work at that time and whether the employee looked for work after that date was disputed. Two weeks after the doctor’s visit, the employee enrolled in a Si-year electronics course, which, however, was not part of a certified retraining program.

Some further months later, on July 3, 1986, a hearing was held before the compensation judge on the employee’s claim for temporary total benefits from November 4, 1985, to the time of the hearing and continuing, plus concurrent temporary partial benefits continuing from the first injury. The employee was still not working, but was in school. The compensation judge awarded the employee temporary total and temporary partial disability benefits from November 4, 1985, the date of the second injury at Hardee’s, to March 10, 1986, when the judge found the employee had been released by his doctor for light duty work. The judge further found that the employee had not reached maximum medical improvement (MMI) and, ruling that the employee was required to make a diligent job search to be entitled to continuing temporary total and temporary partial benefits, went on to find that the employee had not made that search.

On appeal, the WCCA (in a split decision) ruled that under new 1983 law the employee was not required to make a diligent search, and, therefore, the employee was entitled to temporary total benefits after March 10, 1986, and continuing; but, further, that even if a diligent search were required, the compensation judge’s finding of no diligent search lacked substantial evi-dentiary support, and the WCCA therefore substituted its own finding that a diligent search had been made. Without explanation, the WCCA further ruled the employee was entitled to temporary partial benefits after March 10. The employers and insurers now appeal, by certiorari, to us.

The issues are these: (1) Is a diligent job search required under the “new law”? (2) Did the WCCA err in setting aside the compensation judge’s' finding of an inadequate job search? and (3) Was the weekly wage rate for benefits payable to March 10 properly calculated?

I.

Under pre-1983 compensation law, there were times an injured worker was obligated to search for work he or she was capable of performing. See, e.g., Johnson v. State, Department of Veterans Affairs, 400 N.W.2d 729 (Minn.1987); Mayer v. Erickson Decorators, 372 N.W.2d 729 (Minn.1985); Rogde v. United Van Bus Delivery, 330 N.W.2d 715 (Minn.1983). The issue here is whether under the new law an injured worker is obligated to make a diligent search for light duty work prior to reaching maximum medical improvement in order to receive temporary total disability benefits.

The compensation judge found that as of March 10, 1986, the employee was capable of light duty work but had not yet reached maximum medical improvement. In this situation, Minn.Stat. § 176.101, subds. 3f and 3h (1986), relating to partially disabled employees, provides:

Subd. 3f. If the employer offers a job * * * and the job is within the employee’s physical limitations; or the employer procures a job for the employee with another employer * * *; or the employee accepts a job with another employer * * *, the employee’s temporary total compensation shall cease.
* * * * * *
Subd. 3h. An employee who accepts a job under * * * subdivision 3f and begins that job shall receive temporary partial compensation * * *.

Under this statutory scheme, the compensation judge believed that the employee was obligated to search for suitable work. The WCCA, on the other hand, thought otherwise. Under this new law, MMI determines when temporary total benefits should cease, i.e., 90 days after the worker reaches MMI. See section 176.101, subd. 3c (1986). In addition, temporary total benefits cease earlier if the worker is offered a job similar in economic status to the work[732]*732er’s job at the time of injury, id., or if the worker is offered a light duty job he or she is capable of performing, id., subd. 3f. If the worker accepts a lower paying job, then temporary partial benefits are awarded. Id., subd. 3h. The statute is silent about the worker searching for any work. Consequently, the WCCA concluded that no diligent job search is required for entitlement to temporary total benefits under the new law. The WCCA thought it particularly significant that the diligent search requirement expressly set out in the old law, Minn.Stat. § 176.101, subd. 2 (1982), was not expressly carried over into the new law.2

Thus, the WCCA held that under the new law an injured worker is entitled to temporary total benefits even though capable of performing work, as long as the worker is not offered a job he can do and has not reached maximum medical improvement. Relators argue, however, that the omission of the diligent job search from the new law was not intended to change the basic notion of the workers’ compensation law that a worker is totally disabled only if the worker is physically incapable of performing work or unable to find work he is able to perform.

Under pre-1983 law, the diligent job search requirement seems to have arisen in two different contexts. First, the search requirement applied to partially disabled workers seeking temporary partial disability benefits at the same rate as temporary total benefits. Minn.Stat. § 176.101, subd. 2 (1982), quoted in footnote 2, supra. Thus, in Mayer v. Erickson Decorators, supra,

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Redgate v. Sroga's Standard Service
421 N.W.2d 729 (Supreme Court of Minnesota, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
421 N.W.2d 729, 1988 Minn. LEXIS 62, 1988 WL 29910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redgate-v-srogas-standard-service-minn-1988.