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Robinson v. Newberg3/18/1993
Opinion OF THE COURT
The issue involved in this workers' compensation case is whether the survivors of a deceased worker who was receiving temporary total disability benefits at the time of his death from an unrelated cause are entitled to recover benefits for the life expectancy of the deceased worker. In other words, must appellants show that decedent's work-related condition was permanent in order to receive total disability benefits.
Perry Robinson suffered a work-related low back injury on February 6, 1989. He received conservative medical treatment from Dr. Diane Shafer following the injury. His employer, KTK Mining and Construction, Inc., voluntarily paid temporary total disability benefits from February 7, 1989, through March 2, 1989, at which time Mr. Robinson died from a nonwork-related heart attack.
Decedent's widow, Cathy Robinson, filed a workers' compensation claim asserting that her husband was rendered permanently totally occupationally disabled by the back injury. The Administrative Law Judge (ALJ) awarded temporary total disability benefits from February 7, 1989, the date of injury, through March 2, 1989, the date of death. However, Mrs. Robinson's claim for total occupational disability benefits was dismissed on the grounds that appellants failed to show that decedent's condition was permanent. The ALJ stated, in pertinent part, as follows:
6. It is stipulated that the decedent was entitled to temporary total disability benefits from February 7, 1989, up to and including March 2, 1989, the date of his death. Mr. Robinson's demise obviously would terminate any period of temporary total disability. The more difficult question obviously is whether the claimant's disability would have continued beyond that date, either as total disability or some degree of permanent partial disability. It is apparent that the plaintiff has the burden of proof in a Workers' Compensation proceeding. However, the fact finder can render a finding on the basis of the totality of the medical evidence. In reviewing the medical evidence, it is determined that Perry Robinson did have a soft tissue injury and there was no radiographic evidence of any herniation of a disc. It is further determined that thermography is not a reliable and acceptable diagnostic tool to determine if there was nerve impingement or a disc herniation in light of x-ray examination indicating the absence of any such condition. It is further determined that Mr. Robinson would only have had an injury of a temporary nature since it was classified as a sprain or soft tissue injury. It is particularly noted that the claimant would have overcome his back condition after a period of temporary total disability. It is particularly noteworthy that on February 27, 1989, Dr. Shafer found that the claimant reported he felt better. It is determined that the claimant has failed to establish an injury of appreciable proportion.
In his order overruling Mrs. Robinson's petition for reconsideration, the ALJ stated:
The final issue raised in paragraphs 1, 7, and 8 is whether temporary total disability of Mr. Robinson would continue following his death from the non-work related heart attack. In essence, would his dependents be entitled to life time benefits because Mr. Perry was totally disabled at the time of his death from a non-work related condition? In determining this issue, the undersigned operated under the principle that temporary total disability ends when the healing period ends or stabilization of the physical condition occurs. In this particular case there would be no possibility for stabilization of the physical condition or the end of the healing process bec
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