AI Generated Opinion Summaries

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, employed as a shift manager, suffered a low back injury on May 26, 2011, during her employment. After being released to return to work with restrictions, she was provided a modified duty position by the Employer, which paid her pre-injury wage. Approximately four weeks later, the Worker was terminated for failing to report an incident of sexual harassment, in violation of the Employer's zero-tolerance policy. The Worker then sought temporary total disability (TTD) and permanent partial disability (PPD) benefits post-termination (paras 2-4).

Procedural History

• Workers’ Compensation Administration, Terry S. Kramer, Workers’ Compensation Judge: The Workers' Compensation Judge concluded that the Worker's termination did not disqualify her from receiving TTD and PPD benefits and awarded her compensation accordingly (para 6).

Parties' Submissions

• Worker-Appellee: Argued entitlement to TTD and PPD benefits after termination for cause, asserting that termination should not affect the right to recover these benefits (para 1).
• Employer/Insurer-Appellants: Contended that the Workers’ Compensation Judge erred by awarding TTD and PPD benefits post-termination, arguing that the Worker's termination for misconduct should disqualify her from receiving such benefits (para 1).

Legal Issues

• Whether termination of post-injury employment, for misconduct or otherwise, affects an employee’s right to recover TTD benefits under Section 52-1-25.1(B).
• Whether, under the facts of this case, the Worker may continue to receive the portion of her PPD benefits attributed to physical impairment, as well as those benefits enhanced by statutory modifiers of Section 52-1-26(C).

Disposition

• The court affirmed the Workers’ Compensation Judge’s award of TTD and PPD benefits to the Worker, although on different grounds than those provided by the WCJ (para 1).

Reasons

• Per LINDA M. VANZI, Judge (MICHAEL D. BUSTAMANTE, Judge, CYNTHIA A. FRY, Judge concurring):
  The court held that termination of post-injury employment does not affect an employee's right to recover TTD benefits, emphasizing that the Workers' Compensation Act (WCA) aims to ensure employees are compensated for income lost due to injury, without becoming dependent on state welfare programs. The court reasoned that allowing employers to terminate injured employees to avoid paying benefits would lead to absurd results and undermine the WCA's purpose. It further held that the Worker was entitled to her full TTD benefits despite her termination for cause (paras 9-15).
  Regarding PPD benefits, the court found that the Worker's termination did not preclude her from obtaining modifier-based PPD benefits under Section 52-1-26(C). It noted that the Worker's eligibility for these benefits required consideration of her employment status at the time she reached maximum medical improvement (MMI), and since she was not employed at MMI and continued to have a physical impairment, she was entitled to PPD benefits, including statutory-based modifier benefits (paras 20-25).