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State Industrial Insurance System v. Engel12/30/1998
Respondent Mark Engel ("Engel") injured his lower back in the course of his employment. The severity of the injury prevented his return to work in his previous job capacity. Because his employer could not accommodate his limitations, Engel sought vocational rehabilitation benefits pursuant to NRS 616C.590. On April 25, 1995, Engel signed a vocational rehabilitation agreement with the State Industrial Insurance System ("SIIS"), acknowledging his responsibility to participate in a rehabilitation plan pursuant to NRS 616C.555.
On August 15, 1995, the SIIS learned that Engel had contracted non-industrial tuberculosis. Because of a quarantine imposed by the Washoe County Health Department, Engel was unable to attend a scheduled meeting with a rehabilitation counselor assigned to develop his vocational rehabilitation program.
The SIIS suspended Engel's rehabilitation benefits until he could fully participate in the vocational rehabilitation program. On appeal, a Department of Administration hearing officer affirmed the suspension of benefits. Thereafter, an appeals officer reversed these determinations and ordered the SIIS to pay Engel vocational rehabilitation maintenance benefits during his tuberculosis quarantine.
The SIIS filed a petition for judicial review in the Second Judicial District Court, which was denied on August 27, 1996. The SIIS timely appealed. We affirm.
DISCUSSION
Standard of Review
This case presents an issue of first impression in Nevada: namely, whether the SIIS may suspend vocational rehabilitation benefits during a period of temporary non-participation in a vocational rehabilitation program, where the failure to participate is not volitional.
The function of this court in reviewing an administrative decision is identical to that of the district court. Hudson v. Horseshoe Club Operation Co., 112 Nev. 446, 452, 916 P.2d 786, 790 (1996). A reviewing court shall not substitute its judgment for that of an agency with regard to a question of fact. NRS 233B.135(3). However, questions of law are reviewed de novo. SIIS v. United Exposition Services Co., 109 Nev. 28, 30, 846 P.2d 294, 295 (1993). The administrative construction of a statute is a question of law requiring independent appellate review. Maxwell v. SIIS, 109 Nev. 327, 329, 849 P.2d 267, 269 (1993).
The SIIS improperly suspended Engel's vocational rehabilitation maintenance pursuant to NRS 616C.575.
NRS 616C.575(2) defines "vocational rehabilitation maintenance" as the "amount of compensation paid to an injured employee while he is participating in a program of vocational rehabilitation . . ." (Emphasis added.)
NRS 616C.575(2) provides that vocational rehabilitation maintenance shall be paid to an injured employee only when he or she "is participating" in a program of vocational rehabilitation. Where a statute is clear on its face, " e are not empowered to go beyond the face of a statute to lend it a construction contrary to its clear meaning. Union Plaza Hotel v. Jackson, 101 Nev. 733, 736, 709 P.2d 1020, 1022 (1985).
Because the legislature did not distinguish between excusable and inexcusable non-participation, the SIIS argues that the plain meaning of NRS 616C.575(2) compels the Conclusion that any non-participation, volitional or non-volitional, bars eligibility for vocational rehabilitation benefits.
NRS 616C.575 notwithstanding, Engel contends that NRS 616C.230(4) governs this dispute:
"An injured employee's compensation, other than accident benefits, must be suspended if:"
"(a) A physician or chiropractor determines that the employee
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