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Morin v. Essex Optical1/28/2005
on permanent disability benefits. When examining the statute, which was amended in 1993 to establish the cap on temporary disability benefits, the Commissioner reasoned: "the Legislature did not change this Department's well-established statutory and regulatory interpretation of the Act to limit all benefits-temporary and permanent-to the average weekly wage." Patch, slip op. at 14. The Commissioner concluded: "To apply [Cost of Living Adjustments (COLAs)] in this case involving a low-wage earner would be to depart from this Department's precedent, which the Legislature has chosen not to change, and which would be contrary to the legislative will to change now." Id. The decision cited three earlier decisions, discussed infra, that were apparently the basis for the Commissioner's conclusion that the COLA limitation was well established with respect to both temporary and permanent total disability compensation.
6. On appeal, claimant argues that the Commissioner's decision is inconsistent with 21 V.S.A. § 650(d), is unsupported by § 601(19), and is not based upon a consistent policy of capping permanent total disability benefits at the claimant's average weekly wage at the time of injury prior to Patch. Defendant responds that the plain language of § 601(19) commands the Commissioner's decision and otherwise relies upon the Commissioner's analysis in Patch. We agree with claimant that the statute does not authorize the capping of permanent disability benefits.
7. In interpreting a statute our overall goal is to give effect to the Legislature's intent. Colwell v. Allstate Ins. Co., 2003 VT 5, 7, 175 Vt. 61, 819 A.2d 727. We do so by looking to the legislation's plain meaning, and we will not read terms into the statute unless necessary to make the statute effective. Huntington v. McCarty, 174 Vt. 69, 73, 807 A.2d 950, 954 (2002). Further, because the Workers' Compensation Act is remedial in nature, we construe it liberally to allow benefits, "unless the law is clear to the contrary." St. Paul Fire & Marine Ins. Co. v. Surdam, 156 Vt. 585, 590, 595 A.2d 264, 266 (1991).
8. Claimant relies upon 21 V.S.A. § 650(d), which provides:
Compensation computed pursuant to this section shall be adjusted annually on July 1, so that such compensation continues to bear the same percentage relationship to the average weekly wage in the state as computed under this chapter as it did at the time of injury.
It is undisputed that claimant's workers' compensation amount is governed by § 650(d) and, absent a cap imposed by another section, requires an annual adjustment in that amount. Claimant received that adjustment in each year before the year in dispute.
9. Defendant relies upon 21 V.S.A. § 601(19), arguing that "under the plain meaning of [that section] the claimant's workers' compensation benefit is capped at the full amount of her average weekly wage." Section 601(19) states:
"Minimum weekly compensation " shall mean a sum of money equal to 50 percent of the average compensation, rounded to the next higher dollar. However, solely for the purposes of determining permanent total or partial disability compensation where the employee's average weekly wage computed under section 650 of this title is lower than the minimum weekly compensation, the employee's weekly compensation shall be the full amount of the employee's average weekly wages. For the purpose of determining temporary total or temporary partial disability compensation where the employee's average weekly wage computed under section 650 of this title is lower than the minimum weekly compensation, the employee's weekly compensation shall be the employee's weekly net income.
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