This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
A worker suffered multiple physical and psychological injuries due to a workplace accident on August 30, 1991. The worker received temporary total disability benefits for these injuries but had not reached maximum medical improvement for the psychological injuries. The employer disputed the worker's entitlement to further temporary total disability benefits for a secondary mental impairment, arguing that such benefits were capped at 100 weeks under the Workers' Compensation Act (paras 2-4).
Procedural History
- Workers' Compensation Judge, February 8, 1995: Denied the employer's motion for summary judgment and granted the worker's cross-motion for summary judgment, reinstating temporary total disability benefits for the worker starting June 24, 1994 (paras 4, 16).
Parties' Submissions
- Employer (Appellant): Argued that Section 52-1-41(B) of the Workers' Compensation Act imposes a 100-week cap on temporary total disability benefits for secondary mental impairments. Alternatively, claimed that benefits beyond 100 weeks could only be awarded if the worker's physical disability continued, necessitating a remand to determine whether the worker's inability to return to work was due to her physical condition (paras 1, 4, 9).
- Worker (Appellee): Contended that the statute allows for temporary total disability benefits for secondary mental impairments beyond 100 weeks as long as the worker remains entitled to compensation for the physical disability that caused the mental impairment (paras 4, 12).
Legal Issues
- Does Section 52-1-41(B) of the Workers' Compensation Act impose an absolute 100-week cap on temporary total disability benefits for secondary mental impairments?
- Can a worker receive temporary total disability benefits for a secondary mental impairment beyond 100 weeks if the physical disability continues?
Disposition
- The Court of Appeals affirmed the Workers' Compensation Judge's decision, rejecting the employer's arguments and holding that the worker was entitled to temporary total disability benefits for her secondary mental impairment beyond 100 weeks (paras 16-17).
Reasons
Per Benny E. Flores J. (Thomas A. Donnelly J. concurring):
The court interpreted Section 52-1-41(B) of the Workers' Compensation Act as allowing temporary total disability benefits for secondary mental impairments beyond 100 weeks if the worker remains entitled to compensation for the physical disability that caused the mental impairment. The statute does not impose an absolute 100-week cap but ties the duration of benefits for secondary mental impairments to the maximum period allowable for the physical disability (paras 12-14).
The court rejected the employer's alternative argument that the worker must prove her inability to return to work was due to her physical condition. Under the Act, partial disability is defined as a condition involving permanent impairment, not necessarily an inability to work. The worker's 22% disability rating, based on her physical impairment, entitled her to compensation for up to 500 weeks, which also applied to her secondary mental impairment (paras 13-14).
The court distinguished prior cases cited by the employer, noting that they were decided under an earlier version of the Act, which defined partial disability differently (para 15).
Special Concurrence by Harris L. Hartz J.:
Judge Hartz concurred in the result but disagreed with the majority's approach to preservation. He argued that appellate courts should not consider legal theories or evidence not presented to the trial court unless special circumstances exist. However, he acknowledged that this appeal was not the appropriate case to address the issue (para 18).