Reeves v. Liberty Mutual Fire Insurance

911 P.2d 839, 275 Mont. 152, 53 State Rptr. 88, 1996 Mont. LEXIS 22
CourtMontana Supreme Court
DecidedFebruary 12, 1996
Docket95-317
StatusPublished
Cited by2 cases

This text of 911 P.2d 839 (Reeves v. Liberty Mutual Fire Insurance) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reeves v. Liberty Mutual Fire Insurance, 911 P.2d 839, 275 Mont. 152, 53 State Rptr. 88, 1996 Mont. LEXIS 22 (Mo. 1996).

Opinions

CHIEF JUSTICE TURNAGE

delivered the Opinion of the Court.

Joan Reeves appeals a decision of the Workers’ Compensation Court denying her request for rehabilitation benefits to permit her to pursue a master’s degree in counseling. We affirm.

The sole issue raised is whether Reeves is eligible for a rehabilitation plan pursuant to § 39-71-2001, MCA (1993). Therefore we do not address the important issue discussed in the concurring opinion.

Joan Reeves injured her back in January 1994 while employed as a driver for United Parcel Service (UPS). After she reached maximum medical healing, she was restricted to work with medium physical demands, preventing her from returning to her job at UPS. She settled her workers’ compensation claim for permanent partial disability in August 1994, specifically leaving open her claim for rehabilitation benefits pursuant to § 39-71-2001, MCA (1993).

Reeves subsequently proposed a rehabilitation plan to UPS’s insurer, Liberty Mutual Fire Insurance Company, under which she would pursue a two-year program leading to a master’s degree in counseling. Liberty Mutual rejected the proposal. Reeves then petitioned the Workers’ Compensation Court for a hearing on whether she was entitled to rehabilitation benefits to pursue her plan.

The Workers’ Compensation Court held a hearing on May 31,1995, after which it denied Reeves’ request for rehabilitation benefits. The court ruled that Reeves’ proposed plan was not reasonable because she did not establish a reasonable expectation that the plan would improve her position in the job market. Reeves appeals.

[154]*154Is Reeves eligible for a rehabilitation plan pursuant to § 39-71-2001, MCA (1993)?

Section 39-71-2001(1), MCA (1993), provides:

Rehabilitation benefits. (1) An injured worker is eligible for rehabilitation benefits if:
(a) the injury results in permanent partial disability or permanent total disability as defined in 39-71-116;
(b) a physician certifies that the injured worker is physically unable to work at the job the worker held at the time of the injury;
(c) a rehabilitation plan completed by a rehabilitation provider and designated by the insurer certifies that the injured worker has reasonable vocational goals and a reemployment and wage potential with rehabilitation. The plan must take into consideration the worker’s age, education, training, work history, residual physical capacities, and vocational interests.
(d) a rehabilitation plan between the injured worker and the insurer is filed with the department. If the plan calls for the expenditure of funds under 39-71-1004, the department shall authorize the department of social and rehabilitation services to use the funds.

We previously interpreted and applied this statute in State of Montana ex rel. Cobbs v. Montana Department of Social and Rehabilitation Services (1995), [274 Mont. 157], 906 P.2d 204. However, that case did not involve the issue here presented.

Liberty Mutual concedes that Reeves has met the requirements of subsections (l)(a) and (b) above. However, Liberty Mutual refused to participate in documenting Reeves’ plan, instead merely assigning a rehabilitation counselor to offer her job placement assistance. Liberty Mutual did not designate Reeves’ rehabilitation plan as a plan representing “reasonable vocational goals and a reemployment and wage potential with rehabilitation,” pursuant to subsection (l)(c), above. As a result, no plan was filed with the department pursuant to subsection (l)(d) above.

Reeves contends that Liberty Mutual admitted that she would earn $32,000 per year as a licensed practical counselor in private practice. This contention is based upon a proposed finding submitted to the Workers’ Compensation Court by Liberty Mutual: “The Claimant plans, if she receives her master’s degree, to work as a licensed practical counselor earning approximately $32,000.00 a year counseling clients in private practice.”

[155]*155Reeves’ contention is without merit. A statement of an opposing party’s plan does not equate to a statement of belief in the merits of the plan. The statement of Reeves’ plan was not a concession that Reeves would actually earn the amount she planned to earn.

The Workers’ Compensation Court heard evidence that, prior to her employment with UPS, Reeves earned a bachelor’s degree in home economics with a family science option and that she held a long-term goal of obtaining a master’s degree in counseling. Reeves had been working at UPS to save money to return to college to continue her schooling. She did not utilize her undergraduate degree to work in the field of social services for several reasons.

First, she could earn more money as a driver for UPS. Reeves’ time-of-injury earnings with UPS were $12.82 per hour. Average wages for the social work/counseling field with a bachelor’s degree were $9.62 per hour.

Second, Reeves did not wish to work with the type of clientele with whom she would have to work, with only an undergraduate degree. In her own words:

THE COURT: [Your] degree is with the family services options and you are interested in family counseling. Why haven’t you looked for jobs in the family services area?
THE WITNESS: Because those jobs — the salaries for those jobs are — I guess basically that is not where I want to be. I’ve always wanted to be in family practice. There is a whole different clientele between entry-level jobs with my degree and the clientele that I would be working with as a counselor.
Q. What I would like you to do, Joan, is maybe explain for the judge the difference in the type of work that you would do with the bachelor’s degree that you presently hold as opposed to the type of work you would expect to do with a master’s degree.
A. Okay. Let’s take an example that maybe I was like a social worker. I don’t know that I could be an actual social worker, but something in that field.
Basically, in my opinion, you would be dealing with kids, families who were in deep trouble, financial trouble, you know, possibly abuse situations, just some real sad case scenarios. That has just never beenyou know, kids that probably are not being taken care of properly and that sort of thing.
[156]*156My clientele who I would like to work with are more just couples that are having problems, people that are coming to you who want to get well, who can get well, who have the — who are there because they want to solve the problem.
A lot of these other jobs you can’t help people. I mean they are in these situations by circumstance. They are, you know, due to poverty or some sort of situations, I mean in some ways beyond their control and, secondly, things that they don’t want to change. I don’t care to be involved in those situations.
I choose to be involved in situations where I feel like I can more make a difference. You get kids and their parents are abusing them and that sort of thing, and you just have no control over that.

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Bluebook (online)
911 P.2d 839, 275 Mont. 152, 53 State Rptr. 88, 1996 Mont. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reeves-v-liberty-mutual-fire-insurance-mont-1996.