Memorial Hosp. of Dodge County v. Porter

• Decision Date: 28 May 1996
• Docket Number: No. A-95-1045,A-95-1045
• Citation: 548 N.W.2d 361,4 Neb.App. 716
• Parties: MEMORIAL HOSPITAL of DODGE COUNTY, Appellee, v. Cheryl L. PORTER, Appellant, and Dan Dolan, Commissioner of Labor, State of Nebraska, Appellee.
• Court: Nebraska Court of Appeals

Page 361

548 N.W.2d 361

4 Neb.App. 716

MEMORIAL HOSPITAL of DODGE COUNTY, Appellee, v. Cheryl L. PORTER, Appellant, and Dan Dolan, Commissioner of Labor, State of Nebraska, Appellee.

No. A-95-1045.

Court of Appeals of Nebraska.

May 28, 1996.

Syllabus by the Court

1. Statutes: Appeal and Error. Statutory interpretation is a matter of law in connection with which an appellate court has an obligation to reach an independent, correct conclusion irrespective of the determination made by the court below.

2. Statutes. In the absence of anything indicating to the contrary, statutory language is to be given its plain and ordinary meaning, and when the words of a statute are plain, direct, and unambiguous, no interpretation is necessary or will be indulged to ascertain their meaning.

3. Statutes. It is not within the province of the courts to read a meaning into a statute that is not warranted by the legislative language; neither is it within the province of a court to read anything plain, direct, and unambiguous out of a statute.

4. Statutes: Legislature: Intent: Presumptions. An appellate court will, if possible, give effect to every word, clause, and sentence of a statute, since the Legislature is presumed to have intended every provision of a statute to have a meaning.

5. Employment Security. The Nebraska Employment Security Law is to be liberally construed to accomplish its beneficent purposes of paying benefits to involuntarily unemployed workers.

6. Workers' Compensation. The Nebraska Workers' Compensation Act seeks to 7. Workers' Compensation: Words and Phrases. Reference in a case to the Nebraska Workers' Compensation Act as providing exclusive remedy for the employee for an injury means that the Nebraska Workers' Compensation Act relieves the employer from tort liability in connection with the accident.

compensate an employee for a loss of earning power because of an accidental injury arising out of and in the course of his or her employment.

8. Statutes: Ordinances: Legislature: Intent. Where a statute or ordinance enumerates the things upon which it is to operate, it is to be construed as excluding from its effect all those not expressly mentioned, unless the legislative body has plainly indicated a contrary purpose or intention.

9. Statutes: Legislature: Presumptions. It is presumed that the Legislature has full knowledge and information of the subject matter of a statute, as well as the relevant facts relating to prior law and existing pertinent legislation, and has acted with respect thereto.

10. Workers' Compensation. Neb.Rev.Stat. § 48-628(e)(2) (Cum.Supp.1994) disqualifies a person from receiving unemployment benefits only if he or she is also receiving workers' compensation for temporary partial disability.

Laura A. Lowe, of Cobb, Hallinan & Ehrlich, P.C., Lincoln, for appellant.

John F. Sheaff and John H. Albin, Lincoln, for appellee Dolan.

Douglas D. Johnson, Omaha, for appellee Memorial Hospital of Dodge County.

MILLER-LERMAN, C.J., and IRWIN and INBODY, JJ.

MILLER-LERMAN, Chief Judge.

INTRODUCTION

Cheryl L. Porter appeals the judgment of the district court which reversed the decision of the Nebraska Appeal Tribunal. The district court concluded that Porter was not entitled to receive unemployment benefits, because she was receiving workers' compensation for temporary total disability. For the reasons stated below, we reverse.

FACTUAL BACKGROUND

Porter was employed full time by Memorial Hospital of Dodge County (Hospital), and her duties included shampooing and buffing the hospital floors. She earned approximately $230 per week. While performing her duties in March 1994, Porter injured her shoulder. As a result, she took a medical leave from her employment. Shortly thereafter, Porter began receiving workers' compensation of $153.54 per week for temporary total disability.

On October 18, 1994, Porter's doctor authorized her to return to work with the restriction that she could not lift, pull, or push over 5 to 10 pounds. On November 4, Porter was terminated from her employment because she had exceeded the 6-month limitation for a medical leave and because the Hospital was unable to accommodate her restrictions.

Upon her termination of employment, Porter applied for unemployment benefits. On her application, Porter indicated that she was receiving workers' compensation. She began receiving $126 per week in unemployment benefits beginning December 24, 1994.

PROCEDURAL BACKGROUND

On March 8, 1995, the Hospital requested that the Nebraska Department of Labor (Department) determine whether Porter was eligible for unemployment benefits when she was also collecting workers' compensation for temporary total disability and unable to work. After an investigation, a claims deputy for the Department determined that Porter was able to do other work, although she was unable to work in her previous job.

On March 20, 1995, the Hospital requested that the Department determine whether Porter's receipt of workers' compensation should disqualify her from receiving unemployment benefits pursuant to Neb.Rev.Stat. § 48-628(e)(2) (Reissue 1993) of the Nebraska Employment Security Law. Section 48- The Hospital appealed the above determinations to the Nebraska Appeal Tribunal. A telephonic evidentiary hearing was held on April 11, 1995. A claims deputy and Porter testified. Among other things, the claims deputy testified that the Department's position was that one receiving workers' compensation for temporary total disability could also receive unemployment benefits. On April 20, the Nebraska Appeal Tribunal affirmed the determination of the claims deputy based upon the "plain, clear and unambiguous language" of § 48-628(e)(2).

628(e)(2) generally provides that an [4 Neb.App. 719] individual is disqualified from receiving unemployment benefits if he or she is receiving temporary partial disability benefits under the Nebraska Workers' Compensation Act, Neb.Rev.Stat. § 48-101 et seq. (Reissue 1993). Section 48-628(e)(2) does not state that an individual is disqualified from receiving benefits if he or she is receiving temporary total disability benefits. A claims deputy determined that the amount of workers' compensation received by Porter for temporary total disability should not be deducted from her unemployment benefits.

On May 15, 1995, the Hospital filed a petition for review with the district court for Dodge County. On August 25, the district court reversed the decision of the Nebraska Appeal Tribunal and concluded that Porter was disqualified from receiving unemployment benefits. The court held that a construction based upon the "literal meaning" of § 48-628(e)(2) would defeat the Legislature's intent and that payment of workers' compensation and unemployment compensation to Porter in excess of wages she received through her employment "would amount to an absurd result."

From this decision, Porter timely appealed. Generally, Porter assigns that the district court erred in reversing the decision of the Nebraska Appeal Tribunal and expanding the plain, clear, and unambiguous language of § 48-628(e)(2) to include receipt of temporary total disability payments under workers' compensation as disqualifying compensation.

RELEVANT STATUTORY AUTHORITY

Section 48-628 states, in relevant part:

An individual shall be disqualified for [unemployment] benefits:

....

(e) For any week with respect to which he or she is receiving or has received remuneration in the form of (1) wages in lieu of notice, or a dismissal or separation allowance, (2) compensation for temporary partial disability under the workers' compensation law of any state or under a similar law of the United States, (3) primary insurance benefits under Title II of the Social Security Act, as amended, or similar payments under any act of Congress, (4) retirement or retired pay, pension, annuity, or other similar periodic payment under a plan maintained or contributed to by a base period or chargeable employer, or (5) a gratuity or bonus from an employer, paid after termination of employment, on account of prior length of service, or disability not compensated under the workers' compensation law.

The remaining subsections of § 48-628 outline other behaviors or scenarios which disqualify an employee from receiving benefits and are not applicable here.

STANDARD OF REVIEW AND ANALYSIS

The issue before us is whether a claimant is ineligible to receive unemployment benefits if he or she is receiving workers' compensation for temporary total disability. Neither the Nebraska Supreme Court nor this court has addressed this question of law.

Statutory interpretation is a matter of law in connection with which an appellate court has an obligation to reach an independent, correct conclusion irrespective of the determination made by the court below. Anderson v. Nashua Corp., 246 Neb. 420, 519 N.W.2d 275 (1994). See Dillard Dept. Stores v. Polinsky, 247 Neb. 821, 530 N.W.2d 637 (1995).

Several states have statutory language similar to that before us. See, Mo. Ann. Stat. § 288.040 (Vernon Cum.Supp.1996); N.H.Rev.Stat. Ann. § 282-A:14 (1987 &amp Cum.Supp.1995); Ohio Rev.Code Ann. § 4141.31 (Anderson 1995); S.D. Codified Laws Ann. § 61-6-20 (1993); Tenn.Code Ann. § 50-7-303 (Supp.1995). However, it does not appear that these states have addressed the issue presented by this case.

A review of the opinions from states with dissimilar statutes shows that they are split on the issue of whether the receipt of either workers' compensation or unemployment benefits bars or causes an offset from the receipt of the other. As urged by Porter, some states allow awards of both workers' compensation and unemployment benefits simultaneously. See, e.g., Levi Strauss & Co. v. Laymance, 38 Ark.App. 55, 828 S.W.2d 356 (1992) (holding that claimant may simultaneously receive unemployment benefits and workers' compensation for temporary partial disability where stat...