Collado v. City of Albuquerque

904 P.2d 57, 120 N.M. 608
CourtNew Mexico Court of Appeals
DecidedSeptember 15, 1995
Docket16092
StatusPublished
Cited by5 cases

This text of 904 P.2d 57 (Collado v. City of Albuquerque) 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
Collado v. City of Albuquerque, 904 P.2d 57, 120 N.M. 608 (N.M. Ct. App. 1995).

Opinion

OPINION

APODACA, Chief Judge.

1. Ruben M. Collado (Worker) appeals from the Workers’ Compensation Judge’s (the judge) grant of summary judgment in favor of the City of Albuquerque (Employer). The judge granted summary judgment in favor of Employer on the basis that NMSA 1978, Section 52-l-24(B) (Repl.Pamp.1991), precluded compensation to Worker, for primary mental impairment under, the Workers’ Compensation Act (the Act) because his job as a paramedic, as a matter of law, usually exposed him to traumatic events. To decide whether the judge erred in granting summary judgment, we first must determine legislative intent and decide whether the definition of primary mental impairment under Section 52-l-24(B) excludes certain categories of workers, such as paramedics whose duties include exposure to traumatic events, from benefits under the Act. We next must decide if there are factual questions relating to whether the events in this case are outside of a worker’s usual experience so as to preclude summary judgment. Third, we address Employer’s contention, raised pursuant to SCRA1986,12-201(0 (Repl.1992), for the purpose of enabling this Court to affirm, that Worker’s claim did not amount to “a psychologically traumatic event,” but was rather the culmination of progressive stress, which is not compensable under the Act. Finally, we address Worker’s claim for attorney fees.

2. We interpret Section 52-l-24(B) to require compensation for a mental impairment only if the worker seeking benefits establishes that the mental injury arose from an accidental injury arising out of and in the course of employment when the accidental injury involves no physical injury and: (1) consists of a psychologically traumatic event; (2) that is generally outside of a worker’s usual experience, when compared to the usual experience of workers employed in the same or similar jobs; and (3) would evoke significant symptoms of distress in workers in general in similar circumstances. In so interpreting the statute, we hold that the intent of the legislature, in enacting Section 52-l-24(B), was not to preclude a worker in a particular occupation from claiming benefits. We also hold that factual questions are present in this case regarding both whether the events were outside of a worker’s usual experience and whether the events on which Worker relies are “a psychologically traumatic event.” We therefore reverse and remand, but we hold that Worker’s claim for attorney fees is contingent upon his recovery of compensation on remand.

I. BACKGROUND

3. Section 52-l-24(B) defines a “primary mental impairment” as:

a mental illness arising from an accidental injury arising out of and in the course of employment when the accidental injury involves no physical injury and consists of a psychologically 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.

(Emphasis added.) Thus, in order for there to be a primary mental impairment under Section 52-l-24(B), a worker must establish that: (1) a psychologically traumatic event occurred, (2) such event was generally outside of a worker’s usual experience, and (3) such event would evoke significant symptoms of distress in a worker in similar circumstances.

4. Worker was employed in the emergency medical services field since 1979. In 1983, he began work with the Albuquerque Fire Department and was assigned to a rescue unit as a paramedic. Worker testified that he responded to an average of seven to ten emergency calls per day. Of those calls, approximately ten to twenty percent were serious and potentially life threatening; between one and two percent were immediately life threatening. In 1989, Worker advanced to the rank of rescue lieutenant.

5. Sometime during the middle of 1991, Worker began to experience feelings of anger. Late in that year, Worker had a confrontation with a physician who he believed was interfering with his ability to assist at an accident scene. During the same period, Worker also began having marital difficulties.

6. Worker eventually sought counseling through the City of Albuquerque’s Employee Assistance Program (EAP) to help him deal with his anger and to help save his marriage. Through EAP, Worker saw two counselors, both of whom suggested that he might be suffering from Post Traumatic Stress Disorder (PTSD). For purposes of its motion for summary judgment, Employer accepted this diagnosis as true.

7. From June to November 1992, Worker underwent treatment and counseling consistent with the diagnosis of PTSD. Through counseling, Worker identified four incidents occurring between 1988 and 1991 that “bothered” him. In 1988, he responded to a call where a five-year-old girl died as a result of being raped. Two years later, he performed a crycothyrotomy on a woman who attempted suicide. In 1991, he responded to a call where an eight-year-old child was killed when hit by a drunk driver. Finally, also in 1991, Worker attempted to revive a dead infant whom a midwife had delivered at home.

8. Worker continued to work during the spring and into the summer of 1992. During this time, both an EAP counselor and his family physician suggested that Worker take some time off from work. In August 1992, Worker did stop working for approximately two months, returning to work on October 1, 1992. Before he returned, however, Worker asked for and received a reassignment from rescue lieutenant to suppression lieutenant. He was fully able to perform the job duties of suppression lieutenant on his return.

9. On November 9,1992, Worker filed for workers’ compensation benefits, claiming a primary mental impairment as defined by Section 52-l-24(B) of the Act. In his complaint, Worker described his accident as “on going” and claimed to have suffered PTSD as a result of “exposure to disturbing physical trauma on a repetitive basis.”

10. Employer moved for summary judgment, arguing that Worker had not identified any specific incident outside his usual work experience that caused his PTSD and that his injury was a result of ongoing exposure to disturbing, stressful trauma experienced by most paramedics on a daily basis. Relying on statements made in Worker’s initial claim that his PTSD was a result of ongoing stress and on deposition testimony that Worker felt fine immediately after the four occurrences noted above, Employer argued that the stress produced by these four events was not as a result of an emotion-producing event requiring compensability under the Act. Worker contended, however, that the four events were qualitatively different from his day-to-day experiences and that his diagnosis of PTSD was, by definition, caused by psychologically traumatic events.

11. The judge agreed with Employer and granted summary judgment in its favor. The judge, in her November 15, 1994 letter decision, ruled:

The decision to grant summary judgment is based on the Section 52-1-24 as written. In order for a [wjorker in New Mexico to succeed in his primary mental impairment claim, he must comply with all prerequisites of Section 52-1-24.

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Bluebook (online)
904 P.2d 57, 120 N.M. 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collado-v-city-of-albuquerque-nmctapp-1995.