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eutral-physician-examination process will probably not be without administrative burden or expense, “[i]t is for the legislature, not the [cjourt, to judge the social utility of this statutory system, which has no common law counterpart, to balance the interests of employees and employers, and to make whatever adjustments and corrections it deems appropriate.” Parson v. Holman Erection Co., Inc.

See Parson v. Holman Erection Co., Inc., (upholding a challenged provision of the Workers’ Compensation Act noting that a “one-to-one balance” for abrogated common law rights is not necessary to avoid a violation of Article 1, Section 8 of the Minnesota Constitution).

See Parson v. Holman Erection Co., Inc.

Parson v. Holman Erection Co., Inc., -75 (Minn.1988); 1983 Minn.Laws ch. 290, §§ 44-64, 68, codified at Minn.Stat.

The employer petitioned to suspend temporary partial compensation for the winter recess on the ground that according to this court’s Jasnoch was not entitled to temporary partial compensation for any day he did not work.

urpose of the 1983 amendments to the Workers’ Compensation Act is “to provide economic incentive for employers to provide suitable employment for injured employees, to eliminate the unlimited open-ended nature of weekly temporary compensation, and to encourage employees to accept suitable employment.”

As we have said before, this two-tier system "is not without flaws.” Parson v. Holman Erection Co., Inc.

In enacting the “two tier” compensation system for permanent partial disability, “the legislature sought to provide economic incentive for employers to provide suitable employment for injured employees, to eliminate the unlimited open-ended nature of weekly temporary total compensation, and to encourage employees to accept suitable employment.” (citation omitted).

Parson v. Holman Erection Co., Inc.

Pioneer Metal and Liberty Mutual initially challenge the award of temporary partial benefits at the temporary total rate beyond 90 days past maximum medical improvement; that portion of the award of benefits was not proper.

On the appeal of both parties, the Workers’ Compensation Court of Appeals affirmed the denial of retraining benefits but, by majority decision, reversed the award of temporary partial compensation pursuant to Parson v. Holman Erection Co., Inc.

By writ of certiorari, the employer/insurer have sought review claiming that under Parson v. Holman Erection Company, Inc., they should be allowed to discontinue payment of temporary partial benefits; and they also argue that they should be allowed a credit for those benefits paid to the employee beyond her last date of employment.

we reverse and reinstate the decision of the compensation judge.

Parson v. Holman Erection Company, Inc.

We believe that pursuant to Parson v. Holman Erection Company, Inc., temporary partial benefits were not available to the employee for the one-month period during which he was unemployed; and we therefore reverse the award of benefits that was based upon the stipulated earning capacity.

we affirm the award of temporary partial benefits based on post-injury wages . we reverse the award of temporary partial benefits at the temporary total rate.