Chavez v. Mountain States Constructors

929 P.2d 971, 122 N.M. 579
CourtNew Mexico Supreme Court
DecidedDecember 2, 1996
Docket22865
StatusPublished
Cited by48 cases

This text of 929 P.2d 971 (Chavez v. Mountain States Constructors) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chavez v. Mountain States Constructors, 929 P.2d 971, 122 N.M. 579 (N.M. 1996).

Opinion

OPINION

FRANCHINI, Justice.

[1] As a consequence of a work-related truck accident, Richard Chavez incurred mental injuries that rendered him totally disabled. He was denied any benefits for his mental injuries because the Workers’ Compensation Judge (WCJ) believed that recovery was barred by NMSA 1978, § 52-1-24 (Repl.Pamp.1991), 1 the portion of the Workers’ Compensation Act that governs mental impairments. The WCJ and, on Chavez’s appeal, the majority opinion of the Court of Appeals, concluded that Section 52-1-24 barred recovery because Chavez suffered both physical and mental injuries, Chavez did not prove his mental injuries resulted from his physical injuries, and the Legislature intended to preclude recovery on such facts.

[2] We conclude that under Section 52-1-24(B) of the Workers’ Compensation Act, Chavez’s truck accident qualifies as a “traumatic event that is generally outside of a worker’s usual experience and would evoke significant symptoms of distress in a worker in similar circumstances.” We further hold that, even though Chavez suffered physical as well as mental injuries, he is not barred from receiving benefits by the stipulation in Section 52-l-24(B) that the mental injury involve “no physical injury.” We reverse the Court of Appeals and hold that Chavez may receive workers’ compensation benefits for his mental injuries.

I. FACTS

[3] Chavez was employed as a truck driver by Mountain States Constructors, Inc. On April 13, 1989, he was driving a loaded dump truck on a downgrade when the brakes apparently failed to work properly. As he attempted to negotiate the speeding truck around a curve, the vehicle rolled and landed on its side.

[4] Chavez incurred several physical injuries from the accident. He received twenty-eight stitches in the emergency room for two severe lacerations to his head. Also, the muscles and tendons surrounding his right shoulder joint — a physiological structure known as the rotator cuff — were tom. See 4 J.E. Schmidt, Attorneys’ Dictionary of Medicine and Word Finder at R-192 (1996) (defining rotator cuff).

[5] After reparative surgery and physical therapy, Chavez was found, under American Medical Association guidelines, to have a permanent thirty-percent impairment of the use of his right shoulder. Because of his rotatorcuff injury, he was declared eligible for forty-eight percent of what he would receive if he were totally disabled, as calculated according to the formulae of the Workers’ Compensation Act. See NMSA 1978, §§ 52-1-26(0, - 41, -42 (Repl.Pamp.1991) (formulae). However, Chavez also displayed symptoms of mental impairment that were not present before the accident. Although these mental injuries rendered him totally disabled, they were not taken into account in computing his award for benefits.

[6] On August 7, 1991, Chavez filed a workers’ compensation claim for total disability benefits and medical expenses. He sought to be compensated for the physical injuries that rendered him partially disabled and the mental injuries that rendered him totally disabled. Mountain States contested his claim of total disability. After a mediation conference on September 12, 1991, the Workers’ Compensation Mediator found that Chavez’s injuries were “solely of a physical nature” and that his “neuropsychological problems have not been established, by anything resembling medical probability, to be causally connected to the accident of April 13, 1989.” Chavez v. Mountain States Constructors, N.M. Workers’ Compensation Admin., WCA No. 89-03931, ¶40>) (Sept. 18, 1991) (Schoenhaus, Med.) (Mediator’s recommended resolution) [Chavez I ].

[7] Chavez rejected this recommendation. Thereafter, he brought his case before a WCJ who conducted a series of formal hearings over the course of a year from August 10,1992 to August 31,1993. Several experts in psychology and psychiatry provided evidence regarding Chavez’s mental impairment. Based upon the evidence presented by these experts, the WCJ concluded that Chavez suffered from Ganser’s Syndrome. See Chavez v. Mountain States Constr., N.M. Workers’ Compensation Admin., WCA No. 89-03931, at 1 (Dec. 30, 1993) (Griego, WCJ) (memorandum opinion) [hereinafter Chavez III

[8] Ganser’s Syndrome is “[a] condition marked by absurd acts on the part of the patient and by seemingly relevant but inaccurate answers to simple questions.” 2 Schmidt, supra, at G-17. JFor example, when asked the colors of the United States flag Chavez responded white, blue, and pink. Letter from John M. Rhodes, Ph.D., Neuropsychology Assocs., to Tom Howell, Mountain States Casualty (March 24, 1990). When asked the number of days in a week he said there were six. Letter from Dr. Gerald S. Fredman, psychiatrist, to Thomas E. Howell, Mountain States Mutual (July 15, 1991). Neurologic examinations established that there was no physical injury to Chavez’s brain that would account for his mental impairment. The WCJ concluded that the Ganser’s Syndrome was causally related to the dump truck accident and that Chavez was rendered unable to engage in any type of work without constant supervision.

[9] Despite the debilitating nature of Chavez’s mental impairment, the WCJ denied Chavez’s claim for total disability benefits, and concluded that Ganser’s Syndrome was not a compensable form of mental impairment as defined in the Workers’ Compensation Act. Chavez II at 2 (discussing Section 52-l-24(B), (Q). In a compensation order issued February 11, 1994, the WCJ awarded Chavez forty-eight percent of his maximum weekly benefit for the physical injuries and denied any benefits for the Ganser’s Syndrome. Chavez v. Mountain States Constr., N.M. Workers’ Compensation Admin., WCA No. 89-08931, Conclusions of Law 7-11, 16 (Feb. 11, 1994) (Griego, WCJ) (compensation order) [hereinafter Chavez III].

[10] Chavez appealed to the Court of Appeals on March 11, 1994. Chavez disputed the denial of benefits from the Ganser’s Syndrome but did not contest the award of benefits attributable to his physical injuries. In an opinion to which Judge Donnelly dissented, the Court of Appeals affirmed the WCJ’s ruling. Chavez v. Mountain States Constr., 119 N.M. 792, 793, 895 P.2d 1333, 1334 (Ct.App.1995) [hereinafter Chavez IV]. Upon Chavez’s appeal, we granted certiorari. Chavez v. Mountain States Constr., 119 N.M. 810, 896 P.2d 490 (1995). We now reverse the determinations of the WCJ and the Court of Appeals.

II. STATUTE IN QUESTION

[11] The types of mental impairment that trigger eligibility for workers’ compensation are set forth in Section 52-1-24 of the Workers’ Compensation Act:

As used in the Workers’ Compensation Act [Chapter 52, Article 1 NMSA 1978]:
B.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jaramillo v. N.M. Tax'n and Revenue Dep't
New Mexico Court of Appeals, 2023
Jaramillo v. N.M. Tax'n & Revenue Dep't
New Mexico Court of Appeals, 2023
Beecher Carlson Ins. Serv. v. Catechis
New Mexico Court of Appeals, 2023
Gold v. Armand Hammer United World College
New Mexico Court of Appeals, 2018
Lewis v. Albuquerque Pub. Schs.
424 P.3d 643 (New Mexico Court of Appeals, 2018)
State v. Montano
423 P.3d 1 (New Mexico Court of Appeals, 2018)
Molinar v. Larry Reetz Constr., Ltd.
New Mexico Court of Appeals, 2017
Benavides v. Eastern New Mexico Medical Center
2014 NMSC 037 (New Mexico Court of Appeals, 2014)
Benavides v. Eastern N.M. Med. Ctr.
New Mexico Supreme Court, 2014
Benavides v. E. N.M. Med. Ctr.
2014 NMSC 37 (New Mexico Supreme Court, 2014)
Gonzalez v. Performance Painting, Inc.
2013 NMSC 021 (New Mexico Supreme Court, 2013)
New Mexico Board of Licensure v. Turner
2013 NMCA 067 (New Mexico Supreme Court, 2013)
N.M. Bd. of Licensure v. Turner
2013 NMCA 67 (New Mexico Court of Appeals, 2013)
Castillo v. McCarthy Bldg. Companies
New Mexico Court of Appeals, 2013
Dewitt v. Rent-A-Center, Inc.
2009 NMSC 032 (New Mexico Supreme Court, 2009)
Gillan v. Government Employees Insurance Co.
194 P.3d 1071 (Hawaii Supreme Court, 2008)
State v. Dombos
2008 NMCA 035 (New Mexico Court of Appeals, 2008)
Pickett Ranch, LLC v. Curry
2006 NMCA 082 (New Mexico Court of Appeals, 2006)
Romero v. City of Santa Fe
2006 NMCA 055 (New Mexico Court of Appeals, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
929 P.2d 971, 122 N.M. 579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chavez-v-mountain-states-constructors-nm-1996.