This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The worker, a long-haul truck driver, sustained a lower back injury on May 1, 1988, during the course of his employment. The injury resulted in an 18% physical impairment to the body as a whole. The worker was unable to return to his previous job and required vocational rehabilitation to restore him to suitable employment. He sought compensation for total and permanent disability but was awarded 25% permanent partial disability instead (paras 2-3).
Procedural History
- Workers' Compensation Administration: The worker was awarded 25% permanent partial disability and the employer was granted credit for overpayment of temporary total disability benefits (paras 1-2).
Parties' Submissions
- Appellant (Worker): Argued that the determination of permanent partial disability was premature as vocational rehabilitation was incomplete. He also contended that he was totally and permanently disabled and challenged the employer's credit for overpayment as unfair (paras 1, 4, 12, 21).
- Respondents (Employer and Insurer): Supported the 25% permanent partial disability determination and argued that the credit for overpayment was appropriate under the circumstances (paras 1, 21).
Legal Issues
- Was it appropriate to determine the worker's permanent partial disability before the completion of vocational rehabilitation?
- Did the judge err in failing to find the worker totally and permanently disabled?
- Was the employer entitled to credit for overpayment of temporary total disability benefits?
Disposition
- The case was remanded for further findings to clarify the basis for determining permanent partial disability before the completion of vocational rehabilitation (para 1).
- The finding of 25% permanent partial disability was upheld, contingent on the appropriateness of making the determination before rehabilitation was completed (para 23).
- The employer's credit for overpayment was conditionally upheld, subject to the outcome of the remand (para 23).
Reasons
Per Bivins J. (Minzner and Chavez JJ. concurring):
Determination of Disability Before Rehabilitation: The court emphasized that, in most cases, disability determinations should be deferred until after vocational rehabilitation is completed, as the legislative intent is to provide injured workers with the opportunity to return to gainful employment with minimal dependence on compensation. However, exceptions may apply, such as when the worker has no interest in rehabilitation or can work while undergoing rehabilitation. The judge's findings did not sufficiently address whether the worker could engage in suitable employment during rehabilitation, necessitating a remand for clarification (paras 4-11).
Total and Permanent Disability Claim: The court found that substantial evidence supported the judge's finding of 25% permanent partial disability. The worker's complaints of pain were noted, but medical evidence indicated no structural damage, and the judge was entitled to weigh the evidence and reject the claim of total disability (paras 12-19).
Overpayment Credit: The court held that the employer's credit for overpayment was consistent with precedent and would not take effect until the end of the statutory period. However, the credit could be reduced or eliminated depending on the judge's findings on remand regarding the worker's entitlement to temporary total disability benefits during rehabilitation (paras 20-21).