Redland v. Nelson's Quality Eggs, Inc.

291 N.W.2d 371, 1980 Minn. LEXIS 1298
CourtSupreme Court of Minnesota
DecidedFebruary 1, 1980
Docket49866
StatusPublished
Cited by11 cases

This text of 291 N.W.2d 371 (Redland v. Nelson's Quality Eggs, Inc.) 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
Redland v. Nelson's Quality Eggs, Inc., 291 N.W.2d 371, 1980 Minn. LEXIS 1298 (Mich. 1980).

Opinion

YETKA, Justice.

The employer and insurer appeal from the Workers’ Compensation Court of Appeals’ determination that the widow is not a dependent entitled to receive benefits under any government survivor program and thus is entitled to full workers’ compensation benefits.

We affirm, reversing and remanding only as to the method of calculation.

The issues raised in this appeal are as follows:

1. When a widow receives “mother’s insurance benefits” pursuant to 42 U.S.C. § 402(g) (1976), is she receiving benefits under any government survivor program within the meaning of Minn.Stat. § 176.111, subd. 21 (1976)?

2. Where a wage earner dies, leaving a spouse and two children residing in the same household, should the limitation in section 176.111, subdivision 21, be applied to the children as a group or to each child separately?

3. Does Minn.Stat. § 176.111, subd. 10 (1978), authorize a compensation judge to change the statutory formula for the federal Old-Age Survivors and Disability Insurance (OASDI) offset contained in Minn. Stat. § 176.111, subd. 21?

4. How, if at all, does the adjustment of benefits contained in Minn.Stat. § 176.645 (1978) apply to section 176.111, subdivision 21?

In this case, David W. Redland sustained a personal injury arising out of his employment with Nelson Quality Eggs, Inc., and died on January 6, 1976. He left surviving his widow, Patricia Redland, and two children, Janae and Erik. Mr. Redland’s weekly wage at the time of his death was $185. The widow and two children therefore became entitled to workers’ compensation benefits of $123.33 per week, which the compensation judge allocated 70% to the widow and 30% to the children. ■" ■

The family also receives $918.60 per month in social security benefits. Each month, the widow receives a check made out to her for $306.20, plus an additional check issued to her as custodian of the dependent children for $612.40. This computes to a weekly payment of $211.91, or $70.66 per week per dependent. The compensation judge held that the widow does *373 not receive benefits as a survivor, but rather as custodian for the children. Therefore, he awarded full workers’ compensation benefits to the widow but no benefits to the children and allowed the employer-insurer a credit for benefits already paid to the children. The Workers’ Compensation Court of Appeals affirmed the compensation judge in all respects, and the employer-insurer appealed.

1. At the outset, it is necessary to consider the language and purpose of section 176.111, subdivision 21. In 1976 the section read as follows:

Death, benefits; coordination with governmental survivor benefits. The following provision shall apply to any dependent entitled to receive weekly compensation benefits under this section as the result of the death of an employee, and who is also receiving or entitled to receive benefits under any government survivor program:
(a) The combined total of weekly government survivor benefits and worker’s compensation death benefits provided under this section shall not exceed 100 percent of the weekly wage being earned by the deceased employee at the time of the injury causing his death; provided, however, that no state worker’s compensation death benefit shall be paid for any week in which the survivor benefits paid under the federal program, by themselves, exceed 100 percent of such weekly wage * * *.

Minn.Stat. § 176.111, subd. 21 (1976). A 1977 amendment, effective May 28, 1977, struck clause (b) and added the following proviso:

provided, however, the workers’ compensation benefits payable to a dependent surviving spouse shall not be reduced on account of any governmental survivor benefits payable to decedent’s children if the support of the children is not the responsibility of the dependent surviving spouse.

1977 Minn.Laws, ch. 342, § 15, codified at Minn.Stat. § 176.111, subd. 21 (1978).

The purpose of section 176.111, subdivision 21, appears to be to limit workers’ compensation benefits payable to members of a deceased worker’s family who are also receiving government survivor benefits. As stated in 4 A. Larson, The Law of Workmen’s Compensation § 97.00 (1979):

Once it is recognized that workmen’s compensation is one unit in an overall system of wage-loss protection, rather than something resembling a recovery in tort or on a private accident policy, the conclusion follows that duplication of benefits from different parts of the system should not ordinarily be allowed. Since most social legislation in the United States has appeared in unrelated fragments, lack of coordination resulting in cumulation of benefits is quite common;' but newer legislation * * * is more carefully drawn to prevent this result.

Section 176.111, subdivision 21, is one of these new provisions designed to prevent duplication of benefits.

The issue here is whether the widow receives benefits under any government survivor program within the meaning of Minn.Stat. § 176.111, subd. 21 (1976). We agree with the court of appeals that she does riot. The Redland children receive federal OASDI benefits pursuant to 42 U.S.C. § 402(d) (1976), and Patricia Redland receives mother’s insurance benefits pursuant to 42 U.S.C. § 402(g) (1976). If the Red-lands had no children at the time of the decedent’s death, no OASDI benefits would be payable to anyone. Once the children can no longer receive benefits on their behalf, no further payment will be made to Mrs. Redland unless at that time she qualifies for that portion of the social security program which provides for old age pension; in other words, a minimum of age 60. Thus, Mrs. Redland fully qualifies for workers’ compensation benefits on her own behalf without offset. To hold otherwise would allow one widow who has no children to collect workers’ compensation benefits and deny the same to one who does. We do not believe that the legislature intended such a result.

*374 2. Mrs. Redland argues that the phrase “any dependent” in section 176.111, subdivision 21, means that the weekly social security benefits for each dependent must be compared to the weekly wage of Mr. Redland. In other words, the $70.66 social security benefits paid to each dependent is less than the $185 weekly wage so no offset is in order.

Upon reading the entirety of section 176.-111, subdivision 21, however, it is clear that “any dependent” is intended to separate those dependents who fall into the combined benefit provisions from those who do not. If “any dependent” is receiving workers’ compensation death benefits and government survivor benefits, that dependent is included. This interpretation is implicit in the 1977 amendment to subdivision 21.

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Bluebook (online)
291 N.W.2d 371, 1980 Minn. LEXIS 1298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redland-v-nelsons-quality-eggs-inc-minn-1980.