Gibbons v. Weyerhaeuser
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Gibbons v. Weyerhaeuser
Opinion of the Court
This workers’ compensation matter involves the nature of benefits available when there is a layoff for economic reasons following attainment of maximum medical improvement and return to work at a job meeting the requirements of subdivision 3e of section 176.101.
Timothy Gibbons worked for Weyerhaeu-ser as an assistant marketing manager. On November 14, 1988, while traveling in New Jersey on business, he was injured in a work-related motor vehicle accident. Despite his injuries the employee continued working for the employer in his regular marketing job, occasionally missing time from work for medical care. On November 6, 1989 he was served with notice of maximum medical improvement. On December 31, 1989 he was laid off for economic reasons; and his unemployment continued until December 4, 1990, when he began working as a sales person for Best Buy Company.
■ The compensation judge concluded the employee was entitled to economic recovery compensation for his 19.8975% permanent impairment of the body as a whole because the economic layoff from a subdivision 3e job
Like the WCCA we conclude that impairment compensation, not economic recovery compensation, is payable when an economic layoff occurs, as it did here, during the 90 days following service of notice of maximum medical improvement. The definition of “monitoring period,” Minn. Stat. § 176.011, subd. 26 (1990), and the provision for the payment of monitoring period compensation, Minn.Stat. § 176.101, subd. 3i (1990), make it quite clear that economic recovery compensation is not payable together with monitoring period compensation.
Apparently the possible imposition of monitoring period benefits is thought to provide an incentive for employers to rehire employees to good jobs and keep them there. (Citation omitted). It also may discourage employers from rehiring employees for a short time to terminate temporary total disability benefits and then letting them go.
Cassem v. Crenlo, Inc., 470 N.W.2d 102, 105-06 (Minn. 1991).
As originally enacted, the offer of a suitable job pursuant to subdivision 3e of section 176.101 and, consequently, the commencement date of the monitoring period could not precede maximum medical improvement. 1983 Minn.Laws ch. 290, §§ 49, 52. When, however, section 176.101, subdivision 3e was amended in 1984 to permit a 3e job offer to be made prior to maximum medical improvement, the 3e job offer no longer tied the commencement of the monitoring period to maximum medical improvement. 1984 Minn.Laws ch. 432, art. 2, § 3. That a 3e job may be offered and even commenced prior to the attainment of maximum medical improvement is not, however, dispositive either of entitlement to compensation for permanent partial disability or of whether such compensation shall be paid as economic recovery compensation or impairment compensation; it is service of the notice of maximum medical improvement that sets in motion the process that ultimately results in determination of the extent of permanent partial disability and the nature of the benefits to which the employee is thereafter entitled. Minn.Stat. § 176.101, subd. 3p (1990).
The WCCA correctly noted that because monitoring period compensation is
Therefore, we affirm the award of impairment compensation, reverse the partial denial of monitoring period compensation, and remand for recalculation of monitoring period compensation in accordance with this opinion.
Affirmed in part, reversed in part, and remanded.
The employee is awarded $400 in attorney fees.
. Minn.Stat. § 176.101, subd. 3e(b) (1988).
. Minn.Stat. § 176.101, subd. 3i(a) (1988).
. Minn.Stat. § 176.101, subd. 3p reads in relevant part:
Where the employee has a permanent partial disability and has reached maximum medical improvement or upon completion of an approved retraining program, whichever is later, that employee shall receive economic recovery compensation pursuant to subdivision 3a if no job offer meeting the criteria of the job in subdivision 3e is made within 90 days after reaching maximum medical improvement or 90 days after the end of an approved retraining plan, whichever is later.
. In Hankermeyer, it was held that when economic layoff occurs prior to maximum medical improvement, economic recovery compensation is payable rather than monitoring period compensation unless there is a timely offer of other suitable employment.
Reference
- Full Case Name
- Timothy Gibbons, Relator v. Weyerhaeuser, Self-Insured, and Dr. Schumacher, Medical Provider.
- Cited By
- 1 case
- Status
- Published