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Blodgett-McDeavitt v. University of Nebraska12/7/2004
atutory construction, this court is obligated to give a statute its plain and ordinary meaning and must attempt to give effect to all parts of a statute. See, Rodriguez v. Monfort, Inc., 262 Neb. 800, 635 N.W.2d 439 (2001); City of Lincoln v. Nebraska Liquor Control Comm., 261 Neb. 783, 626 N.W.2d 518 (2001); Nebraska Dept. of Health & Human Servs. v. Struss, 261 Neb. 435, 623 N.W.2d 308 (2001). If the language of a statute is clear, the words of such statute are the end of any judicial inquiry regarding its meaning. Ramsey v. State, 259 Neb. 176, 609 N.W.2d 18 (2000); Ameritas Life Ins. v. Balka, 257 Neb. 878, 601 N.W.2d 508 (1999). In addition, in the absence of anything to the contrary, statutory language is to be given its plain and ordinary meaning; an appellate court will not resort to interpretation to ascertain the meaning of statutory words which are plain, direct, and unambiguous. Ramsey, supra; State ex rel. Stenberg v. Moore, 258 Neb. 199, 602 N.W.2d 465 (1999); Parnell v. Madonna Rehab. Hosp., 258 Neb. 125, 602 N.W.2d 461 (1999).
We find the language of § 48-126 to be plain, direct, and unambiguous. An injured employee is to be recompensed under the contract of hiring in force at the time of the accident, which in Blodgett-McDeavitt's case, is the salary that she was earning on the date of the accident, September 11, 1997. Blodgett-McDeavitt's former part-time salary, which she earned until June 2, is not relevant to the amount she was making at the time of the accident.
Section 48-126 provides that an average weekly wage must be calculated including an employee's wages for the 26-week period prior to the accident only in situations where the employee's rate of wages was fixed by the day or hour or by the output of the employee immediately prior to the accident. In the case at bar, Blodgett-McDeavitt was paid a monthly salary and her wages were not at any time fixed by the day, hour, or Blodgett-McDeavitt's output. Accordingly, the review panel was correct in reversing the trial court's calculation of Blodgett-McDeavitt's average weekly wage, which calculation incorporated Blodgett-McDeavitt's former part-time salary earned prior to June 2, 1997.
The University argues that pursuant to Harmon v. Irby Constr. Co., 258 Neb. 420, 604 N.W.2d 813 (1999), failing to take into account Blodgett-McDeavitt's former part-time salary while taking into account only the salary Blodgett-McDeavitt earned "during the last part of the 26 week period . . . distorts the wage calculation." Brief for appellant at 36. We find this reasoning unconvincing. Harmon involved an employee whose wages varied. Furthermore, the plain language of § 48-126 suggests that the purpose for calculating the average weekly wage for employees whose wages are fixed by the day, hour, or output is to determine an approximation of what the employee was earning at the time of the accident. Where an employee is paid a fixed monthly or weekly salary, there is no need to determine an approximation of what the employee was earning, because the amount is fixed. Therefore, we find no merit to the University's assertions on this issue.
V. CONCLUSION
For all of the reasons stated above, we find that the trial court did not err in awarding Blodgett-McDeavitt medical benefits, permanent partial disability benefits, and vocational rehabilitation. However, the trial court did err in its calculation of Blodgett-McDeavitt's average weekly wage. The trial court incorrectly averaged Blodgett-McDeavitt's part-time salary, which she received prior to the date of her work-related accident, with her full-time salary, which she received at the time of the accident. Because Blodgett-McDeavitt was a salaried em
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