Brian Dilley v. Carver Cnty, No. WC23-6539 (W.C.C.A July 10, 2024)
The Employee worked as a deputy sheriff for Carver County, the Employer. On July 14, 2005, the Employee injured his low back at work. He was diagnosed with a disc herniation and subsequently underwent two surgeries. On September 27, 2015, he suffered another work-related low back injury. This injury required more surgeries and led to permanent restrictions, including no further work as a deputy sheriff. The Employee sought vocational rehabilitation and ultimately retraining. The parties agreed on a 3 year retraining plan for the Employee to obtain a Bachelor of Science degree in cyber security.
The Employee began online classes on October 1, 2018, but had low back pain which made it difficult to participate in coursework. Due to the severity of symptoms, the Employee’s orthopedic surgeon recommended revision surgery, which took place on August 19, 2019. He took medical leave during the summer term and returned to his course work on January 6, 2020. There was a gap of 25.6 weeks where the Employee was neither in retraining classes nor working. The Employer and Insurer filed a NOID to discontinue retraining benefits, but after the Employee objected, the Employer and Insurer reinstated benefits.
On October 5, 2021, the Employer and Insurer filed another NOID to discontinue TTD benefits and retraining benefits, asserting that the statutory maximum of 156 weeks of retraining benefits were paid. The Employee objected to discontinuance and argued the 25.6 weeks of benefits paid while the Employee was on medical leave should be excluded from the 156 week limit because he was not actively in retraining. At the .239 conference, the compensation judge denied the request to discontinue benefits reasoning that the Employee was still enrolled in the retraining program and that cessation of benefits would run counter to the purpose of retraining.
On April 8, 2022, the Employer and Insurer filed another NOID to discontinue retraining benefits because 156 weeks had been paid and the Employee had graduated with two degrees, an associate in network systems administration and a bachelor’s in cyber security. There was no objection to this discontinuance. The Employee began to search for work. On August 15, 2022, he took a job driving a garbage truck at Waste Management and earned less than his pre-injury wage. The Employer and Insurer argued since the Employee’s retraining was in a skilled technical field, the Employee did not conduct a diligent job search, had effectively removed himself from the labor market, and wasn’t entitled to TTD benefits at the end of retraining.
On June 21, 2022, the Employee filed a Claim Petition requesting TTD benefits for up to 90 days after the end of his retraining pursuant to Minn. Stat. § 176.102, subd. 11(b) and up to 25 percent more retraining benefits, extending 156 weeks to include the weeks the Employee was on medical leave under Minn. Stat. § 176.102, subd. 11(a).
The Employer and Insurer retained a vocational expert who opined that the garbage truck driving job was suitable employment. The matter went to hearing on August 16, 2023. The compensation judge found the Employee was entitled to the 25.6 weeks of retraining benefits for his medical leave, which extended his benefits beyond the 156 week statutory maximum. The judge also found the Employee was entitled to TTD benefits for 90 days after the end of the retraining plan. The Employer and Insurer appealed.
The WCCA looked at the plain language of Minn. Stat. § 176.102, subd. 11(a) which states that “retraining is limited to 156 weeks. An employee…may petition the commissioner or compensation judge for additional compensation not to exceed 25 percent of the compensation otherwise payable…[which] is warranted due to unusual or unique circumstances of the employee’s retraining plan.” The WCCA found the language to be clear and ruled that retraining is expressly limited to 156 weeks, therefore the Employer and Insurer’s payment of the 25.6 weeks was made under mistake of fact. Further, “additional compensation of up to 25%” is limited to an increase in the monetary benefit amount, rather than in the duration of a retraining plan.
Regarding the Employee’s job search, the WCCA found substantial evidence supported the findings of a reasonably diligent job search and awarded 90 days of TTD benefits following the end of the retraining plan.
Takeaway: Retraining is expressly limited to 156 weeks and any additional compensation is limited to an increase in the monetary benefit amount only.