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Wallace v. State Compensation Insurance Fund12/7/1999
ction between two important concepts: "wages" and "income from profits." Mike asserts that due to his injuries he sustained a total loss of wages. While he performs minor duties for the business, he is not involved in any of the physical plumbing activities in which he previously engaged. Further, he has not taken a salary draw from the business since his injuries. Consequently, he has earned no wages and is therefore entitled to continued temporary total disability benefits under section 39-71-701, MCA (1987).
Id. at 27, 835 P.2d at 2. Similarly, in Chatfield v. Industrial Accident Board, 140 Mont. 516, 374 P.2d 226 (1962), the Court distinguished between income from work and profits from investments:
Any income which the claimant has received from the ranch is a result of his capital investment and not from the sweat of his brow. The fact that claimant was able to "boss" his own ranch does not indicate an ability to compete on the labor market for a similar position elsewhere.
Id. at 520, 374 P.2d at 228. These cases recognize that disability may continue even while an individual passively earns profits from investments. They have no application where the worker earns commissions for work he performs.
In the present case, the undisputed factual record shows claimant began working as a realtor prior to termination of temporary total disability benefits. It is undisputed that he had earnings after returning to work as a realtor. Trial Exhibit 16, which includes reports of a rehabilitation provider and which is part of the record in this case, indicates that claimant had in fact earned a commission prior to the July 28, 1987 termination of his benefits. (Ex. 16 at 1.)
ORDER
The motion for summary judgment is denied.
SO ORDERED.
DATED in Helena, Montana, this 7th day of December, 1999.
(SEAL)
Mike McCarter, JUDGE
c: Mr. Randall O. Skorheim
Mr. Greg E Overturf
Date Submitted: August 19, 1999
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