ROBERT S. MAKELA, Employee,
v.
SPANCRETE MIDWEST, SELF-INSURED/COMPCOST, INC., Employer/Appellant.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
March 25, 1999
HEADNOTES
REHABILITATION
- RETRAINING. Substantial evidence supports the
compensation judge's approval of a rehabilitation plan
amendment to allow exploration of retraining options.
PRACTICE
& PROCEDURE - MATTERS AT ISSUE. Where the employer
had not admitted liability for an ankle injury and liability
for that injury was not issue in the hearing below, a finding
regarding such an injury must be vacated.
Affirmed
in part and vacated in part.
Determined by Hefte, J., Pederson, J. and Wilson, J.
Compensation Judge: William R. Johnson
OPINION
RICHARD C. HEFTE, Judge
The
self-insured employer appeals the compensation judge's
approval of an amendment to the employee's rehabilitation
plan. The employer also appeals the compensation
judge's reference to a right ankle injury. We affirm
in part and vacate in part.
BACKGROUND
On
September 3, 1992, Robert Makela (employee) sustained an
admitted low back injury while working as a welder for
Spancrete Midwest (employer), which was self-insured for
workers' compensation. At the time of the injury,
the employee's weekly wage was $636.63. The employee
did not return to work for the employer immediately after the
injury. From January 1993 through December 1993, the
employee worked with the Minnesota Department of Vocational
Rehabilitation. The employee attempted to start his own
business, then worked for a series of five car dealerships in
sales. In February 1997, while still working at a car
dealership, the employee began working with QRC Mike
Stern. On February 7, 1997, QRC Stern completed a
rehabilitation plan recommending job search with the goal of
returning the employee to suitable employment. Job
placement began on February 27, 1997. The employee was
let go from his position at the car dealership.
On
March 18, 1997, QRC Stern recommended a rehabilitation plan
amendment to allow exploration of retraining as an option for
the employee, as well as continued job search. On March
27, 1997, with QRC Stern's assistance, the employee
obtained a full-time job as a customer service representative
at Holiday Sports earning $280 per week. The employer
and insurer objected to the amendment, claiming that because
the employee had not performed a diligent job search and was
working full time, retraining was premature. The dispute
was certified on May 28, 1997, and an administrative
conference was held on June 19, 1997. After the
conference, the insurer was ordered to authorize the QRC to
conduct an analysis of the appropriateness of a retraining
plan. The employer and insurer requested a formal
hearing. In July 1997, the employer offered the employee
a wire feeder welder position, which paid $13.28 per
hour. The employee's treating physician, Dr. Robert
Hall indicated that the employee could return to work in that
position with a 25 pound lifting restriction and suggested a
gradual return...
