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Johnson v. Shaw's Distribution Center10/31/2000
Reporter of Decisions
Argued: September 5, 2000
John Johnson Jr. appeals from the decision of a Hearing Officer of the Workers' Compensation Board granting his petition for award for injuries in 1993 and 1995, but calculating ongoing partial incapacity benefits to reflect a full-time work capacity. Johnson contends that the Board erred in failing to conclude that full-time work in Johnson's community was "unavailable" during the period when Johnson was enrolled in vocational rehabilitation pursuant to an order of the Workers' Compensation Board Rehabilitation Assistant Administrator. We affirm the decision.
I. FACTS
At the time of the hearing, Johnson was a 29-year-old college graduate with a degree in psychology. He had suffered work-related injuries to his left and right arms in 1993 and 1995 while working as a warehouse laborer for Shaw's Distribution Center. Shaw's voluntarily paid total benefits without prejudice following the injury.
After his injuries, Johnson began exploring the possibility of earning a master's degree in school psychology in order to improve his earning potential. Shaw's disputed Johnson's need for additional education and a hearing was held to determine whether Johnson was entitled to rehabilitation services pursuant to 39-A M.R.S.A. § 217 (Pamph. 1999). The Assistant Administrator of Rehabilitation referred Johnson to a vocational rehabilitation specialist. The specialist submitted a vocational evaluation concluding that Johnson could perform full-time work as a security guard earning approximately $120 a week, but recommending that Johnson return to school in either criminal justice or sociology/psychology. The specialist prepared a vocational rehabilitation plan, consistent with Johnson's requests, recommending a return to graduate study in psychology. Based on the specialist's recommendations, the Rehabilitation Assistant Administrator issued a "Summary Decision" ordering vocational rehabilitation consisting of full-time study at the University of Southern Maine to obtain a master's degree in psychology. See 39-A M.R.S.A. § 217(2) (Pamph. 1999). Johnson was accepted to a two-year graduate study program at USM in the fall of 1997.
Johnson then filed petitions for award seeking benefits related to his 1993 and 1995 injuries. The Hearing Officer granted Johnson's petitions for award, but concluded that, notwithstanding his enrollment in full-time graduate study, Johnson failed to show that full-time work was unavailable as a result of his injury. The Hearing Officer awarded partial incapacity benefits in the amount of $272.27, based on a theoretical post-injury wage of $5.25 an hour for a forty-hour week, or $210 a week. The Hearing Officer reaffirmed its decision in response to the employee's motion for further findings of fact and conclusions of law, and we granted Johnson's petition for appellate review pursuant to 39-A M.R.S.A. § 322 (Pamph. 1999).
II. DISCUSSION
Although Johnson does not actually dispute the finding that he would have been able to obtain full-time employment, he asserts that the Hearing Officer erred in two respects: first, he contends that the Hearing Officer's decision conflicts with the prior decision of the Rehabilitation Assistant Administrator ordering the implementation of a rehabilitation plan, and thus is barred by principles of res judicata; and second, he contends that the Board's conclusion that full-time work is available to him, even though he is enrolled and active in vocational rehabilitation, is inconsistent with the purposes and policy of vocational rehabilitation, and therefore could not have been within the contemplation of the Le
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