Reinhard v. Missoula Sheet Metal

784 P.2d 398, 240 Mont. 370, 1989 Mont. LEXIS 352
CourtMontana Supreme Court
DecidedDecember 22, 1989
Docket89-316
StatusPublished

This text of 784 P.2d 398 (Reinhard v. Missoula Sheet Metal) 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
Reinhard v. Missoula Sheet Metal, 784 P.2d 398, 240 Mont. 370, 1989 Mont. LEXIS 352 (Mo. 1989).

Opinions

[371]*371JUSTICE McDONOUGH

delivered the Opinion of the Court.

Claimant, John L. Reinhard, appeals the May 31,1989 judgment of the Workers’ Compensation Court which denied him a conversion of his biweekly workers’ compensation benefits to a lump sum payment. We affirm.

The sole issue on appeal is:

Whether the Workers’ Compensation Court abused its discretion when it denied John Reinhard’s request to convert his biweekly payments to a lump sum award.

The claimant, Mr. Reinhard, is a 41 year old, married man with two dependent children. On March 14, 1985, he suffered an on the job injury while employed at Missoula Sheet Metal in Missoula, Montana. This injury rendered Mr. Reinhard permanently and totally disabled. He must spend nineteen hours a day flat on his back and he can only walk with the aid of two canes.

. In addition to his physical ailments, Mr. Reinhard also suffers from rather substantial psychological problems. Since the injury, he has suffered severe depression. This depression has at times become so intense, that Mr. Reinhard has become suicidal. Examining physicians believe that the cause of Mr. Reinhard’s depression is multifaceted. They maintain that his psychological condition has its roots in the injury itself, chronic pain, loss of job, marital difficulties and pre-injury psychological problems arising from a chaotic social history.

Despite his health problems, Mr. Reinhard has done a remarkable job managing his finances. His assets, which are estimated at approximately $200,000, include I.R.A.’s, an investment portfolio, and several pieces of real property. Mr. Reinhard’s monthly income is approximately $4,000 and his monthly living expenses usually equal about $1000-$1200. By his own admission, his workers’ compensation benefits are not needed to meet the family budget or any other expenses.

In an effort to ease his psychological and physical problems, Mr. Reinhard presented a request to the Division of Workers’ Compensation for a lump sum advance of his benefits. The advance, which is approximately $350,000, would be used for the purchase of an apartment complex and for the purchase of a one level home. The living area in Mr. Reinhard’s present home is split by two sets of stairs and is heated primarily with wood. Due to his injuries, Mr. Reinhard cannot easily negotiate the stairs which run between the two levels [372]*372in his home. He is, therefore, relegated to just half of the house much of the nineteen hours a day in which he must lie flat. Also, due to his injury, Mr. Reinhard can no longer split and saw the wood which is necessary to heat his house. He therefore desires to replace his home with one that suits his disabled condition.

The remainder of the lump sum would be used to purchase an apartment complex. Mr. Reinhard maintains that this purchase would benefit him in a number of ways. First, the investment would give him some direction in life and would allow him to beneficially occupy his time by managing the finances and income realized from the apartments. This direction, he maintains, would restore lost self-esteem which has accompanied his job loss and loss of position as the family bread winner. Mr. Reinhard also asserts that his continual problems with the Workers’ Compensation Division necessitate his separation from the “comp system”. Apparently, the inadequacies and his perceived incompetence of the Division has been a never ending source of frustration to Mr. Reinhard. It has become a major source of his depression and anger. Finally, Mr. Reinhard maintains that this investment will allow him to increase his yearly income by almost $7,000.00. This increase, he argues, would serve to better meet his physical and psychological needs.

The Workers’ Compensation Court, following trial, denied Mr. Reinhard’s request. It found that he had not overcome the presumption in favor of biweekly benefits, nor had he adequately established that a lump sum payment would be in his best interest. Following a denial of his request for a rehearing, Mr. Reinhard appealed to this Court.

The decision to award or deny a lump sum settlement will not be interfered with on appeal unless there has been an abuse of discretion. The Workers’ Compensation Court will be presumed correct and affirmed if supported by substantial evidence. It will be reversed only if the evidence clearly preponderates against its findings. Hock v. Lienco Cedar Products (1981), [_Mont._,] 634 P.2d 1174, 38 St.Rep. 1598.

Mr. Reinhard maintains that the lower court abused its discretion by holding that there is a presumption in favor of biweekly payments. According to Reinhard, at the time the accident occurred, there was no such presumption stated in the workers’ compensation statutes. Statutes which are in effect at the time of the accident control the outcome of any case brought before the Workers’ Compensation Court. Buckman v. Montana Deaconess Hospital (1986), 224 [373]*373Mont. 318, 730 P.2d 380. Therefore, Mr. Reinhard argues, and we agree, that the law, as it existed on the date of his injury will control the outcome of the case.

There was no statutory presumption against lump sum payments on March 14, 1985, which was the date of Mr. Reinhard’s accident. See §§ 39-71-740 and 741, MCA (1983). However, through case law, it has always been recognized that biweekly payment of compensation is the favored means of dispensation of benefits. Lump sum conversion is the exception. Laukaitis v. Sisters of Charity of Leavenworth, (1959), 135 Mont. 469, 342 P.2d 752. The rationale behind this conclusion is that workers’ compensation benefits are a substitution of wages and therefore should be paid in the same manner as wages, on a regular biweekly basis. In light of this rationale, it has been held that settlements are only granted where there is outstanding indebtedness, pressing need or where the best interests of the claimant, his family and the general public will be served. Willoughby v. General Accident Fire and Life (1980), 187 Mont. 253, 257, 609 P.2d 700, 702.

The Workers’ Compensation Court determined that a lump sum payment would not be in Mr. Reinhard’s best interest. It based this determination on testimony from two doctors, Mr. Reinhard’s accountant, his stockbroker and from testimony of Mr. Reinhard himself.

Dr. Stratford, a psychiatrist who examined Mr. Reinhard, testified that a lump sum payment would not by itself alleviate Mr. Rein-hard’s problems with depression. Rather, according to Dr. Stratford’s testimony, Mr. Reinhard’s problems with the Workers’ Compensation Division are not a cause of his mental health problems, but, instead, are the focus of his depression. He also expressed concern over Mr. Reinhard’s ability to successfully manage large sums of money while he is in such a precarious mental state.

Dr. Shea, Mr. Reinhard’s treating clinical psychiatrist, testified that a lump sum would probably hasten his recovery from depression.

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Related

Willoughby v. Arthur G. McKee & Co.
609 P.2d 700 (Montana Supreme Court, 1980)
Hock v. Lienco Cedar Products
634 P.2d 1174 (Montana Supreme Court, 1981)
Buckman v. Montana Deaconess Hospital
730 P.2d 380 (Montana Supreme Court, 1986)
Kuenning v. Big Sky of Montana
750 P.2d 1091 (Montana Supreme Court, 1988)
Laukaitis v. Sisters of Charity of Leavenworth
342 P.2d 752 (Montana Supreme Court, 1959)

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Bluebook (online)
784 P.2d 398, 240 Mont. 370, 1989 Mont. LEXIS 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reinhard-v-missoula-sheet-metal-mont-1989.