Carrillo v. Compusys, Inc.

1997 NMCA 003, 930 P.2d 1172, 122 N.M. 720
CourtNew Mexico Court of Appeals
DecidedDecember 9, 1996
DocketNo. 17101
StatusPublished
Cited by6 cases

This text of 1997 NMCA 003 (Carrillo v. Compusys, Inc.) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carrillo v. Compusys, Inc., 1997 NMCA 003, 930 P.2d 1172, 122 N.M. 720 (N.M. Ct. App. 1996).

Opinion

OPINION

BOSSON, Judge.

1. On this appeal from a denial of benefits to Worker, we must decide whether the Director of the Workers’ Compensation Administration (WCA) had the statutory and constitutional authority to appoint a Workers’ Compensation Judge pro tempore (WCJ pro tem) to hear Worker’s case. We are satisfied that the legislature has conferred such authority upon the Director in a manner which does not offend the New Mexico Constitution. Accordingly, we affirm.

2. Worker is presently employed with the WCA as an ombudsman. She was previously employed with Compusys, Incorporated (Employer). While enjoying her present position with the WCA, Worker filed a compensation claim against Employer for disability benefits and medical expenses. A regular WCA mediator was initially assigned to Worker’s case, but because the mediator was also employed by the WCA, the case was reassigned to a mediator pro tem. Worker rejected the recommended resolution of the mediator pro tem.

3. The case was then assigned to a series of pro tem judges appointed by the WCA Director. The first was challenged by Employer, and Worker challenged the next one. A third pro tem judge recused himself due to a possible conflict of interest. Finally, the case was assigned to WCJ pro tem R.E. Richards, who was not challenged by either side, and he heard the case. The parties stipulated that the WCA had jurisdiction over Worker’s claim. Employer made it clear it would proceed only if a WCJ pro tem were appointed and represented on the record that the parties had agreed to the appointment of a judge pro tem to hear the case. Ultimately, the WCJ pro tem issued a ruling dismissing Worker’s claim, from which Worker appeals. Worker’s grounds for appeal go primarily to the authority of the WCJ pro tem to hear the case.

Preservation of Worker’s Issue

4. Worker did not raise a challenge below to the authority of the WCJ pro tem to hear her case. Although failure to preserve an argument for appeal is normally fatal, we have previously characterized the lack of authority of a judge pro tem as a jurisdictional question that may be raised at any time even where the parties have stipulated to the appointment. Cf. State v. Doe, 91 N.M. 57, 61-62, 570 P.2d 595, 599-600 (Ct.App.) (interpreting Article VI, Section 15 as applicable to appointment of pro tem judge in district court), rev’d on other grounds, 91 N.M. 51, 570 P.2d 589 (1977). Therefore, we proceed to address Worker’s contentions.

Authority of WCA to Appoint a Judge Pro Tem

5. The Director of the WCA may appoint a WCJ pro tem under specific regulatory authority: “In the instance where a WCA employee files a complaint with the Administration, the Director will appoint a pro tem mediator to mediate the complaint. If the complaint is not resolved in mediation, the Director will appoint a pro tem judge to adjudicate the complaint.” WCA Administrative Manual, ¶ D(8), at 85. The Director has general statutory authority to adopt reasonable rules and regulations “for effecting the purposes of the Workers’ Compensation Act.” NMSA 1978, § 52-5-4(A) (Repl. Pamp.1991).

6. Although there is no statute specifically authorizing the appointment of a WCJ pro tem, the Director does have unqualified authority to “appoint necessary workers’ compensation judges” without reservation. NMSA 1978, § 52-5-2(B) (Repl.Pamp.1991) (effective Jan. 1, 1991). Pro tem judges would appear to be implicit within that grant of authority where their appointment is “necessary,” and there is no dispute in this case of that necessity, given the potential conflict of interest arising from Worker’s relationship with other employees of the WCA.

7. Even if the statute can be read broadly enough, Worker challenges the appointment under the New Mexico Constitution. Essentially, Worker argues that only the Supreme Court, not the WCA, may appoint pro tem judges because that is the only explicit reference in the constitution to judges pro tem. We do not agree with Worker’s position. The Supreme Court’s power to appoint pro tem judges is derived from Article VI, Section 15 of our constitution. That section refers only to appointment of pro tem judges for district courts. While Article VI, Section 15 does not provide authority for the pro tem appointment of administrative law judges, neither does it bar such appointment by appropriate officials outside the judiciary.

8. Worker also points to the general constitutional power of superintending control which Article VI, Section 3 grants exclusively to the Supreme Court. However, the grant of superintending control in Article VI, Section 3 is limited to control over inferior courts within the judicial branch of government. Compare Atchison, T. & S.F. Ry. v. State Corp. Comm’n, 43 N.M. 503, 510, 95 P.2d 676, 680 (1939) (holding constitutional provision referring to “inferior courts” was intended to mean those courts mentioned or provided for in the constitution), and Maples v. State, 110 N.M. 34, 37, 791 P.2d 788, 791 (1990) (Ransom, J. & Montgomery, J., dissenting), with Stabley v. Shelby Township Supervisor, 145 Mich.App. 497, 378 N.W.2d 524, 526 (1985) (per curiam) (circuit court could issue superintending control order to civil service commission under Michigan Court Rule providing that such an order “enforces the superintending control power of a court over lower courts or tribunals” (Emphasis added.)).

9. The WCA is not part of the judiciary; appeals are taken from decisions of the WCJ to the judiciary. Maples, 110 N.M. at 36, 791 P.2d at 790. Justice Montgomery, although dissenting from the result in Maples, stated nonetheless: “[A]dministrative cases like workers’ compensation proceedings are by definition special statutory proceedings to which judicial rulemaking authority does not extend.” Id. at 42, 791 P.2d at 796; see Michael B. Browde & M.E. Occhialino, Separation of Powers and the Judicial Rule-Making Power in New Mexico: The Need for Prudential Constraints, 15 N.M.L.Rev. 407, 443-47 (1985). The WCA was created by statute to provide an administrative system for quasi-judicial adjudication of disputes arising from job-related injuries. Vesting that power administratively, instead of in the courts, does not threaten the constitutional separation of powers reserved to the judiciary in Article III, Section 1 of the New Mexico Constitution. See Wylie Corp. v. Mowrer, 104 N.M. 751, 752-53, 726 P.2d 1381, 1382-83 (1986) (upholding constitutionality of WCA), overruling State ex rel. Hovey Concrete Prods. Co. v. Mechem, 63 N.M. 250, 316 P.2d 1069 (1957). Therefore, we believe a common-sense reading of Article III, Section 1 evinces no constitutional intent, purpose, or need to restrict legislative power to establish procedure for workers’ compensation proceedings, including authority to appoint a WCJ either full-time or pro tem, and that authority runs parallel to, and does not conflict with, the unchallenged power of our Supreme Court over New Mexico’s judiciary.

10.

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1997 NMCA 003, 930 P.2d 1172, 122 N.M. 720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carrillo-v-compusys-inc-nmctapp-1996.