Crane v. SAN JUAN COUNTY, NM

673 P.2d 1333, 100 N.M. 600
CourtNew Mexico Court of Appeals
DecidedNovember 8, 1983
Docket7301
StatusPublished
Cited by13 cases

This text of 673 P.2d 1333 (Crane v. SAN JUAN COUNTY, NM) 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
Crane v. SAN JUAN COUNTY, NM, 673 P.2d 1333, 100 N.M. 600 (N.M. Ct. App. 1983).

Opinion

OPINION

WALTERS, Chief Judge.

Plaintiff, in an action under the Workmen’s Compensation Act, NMSA 1978, Sections 52-1-1 et seq., was awarded total disability benefits of $161.50 per week for 600 weeks, pursuant to NMSA 1978, § 52-1-41.

Defendants’ points of error may be summarized as follows:

(1) The trial court’s finding that plaintiff’s disability was caused by a work-related accident was not supported by substantial evidence;
(2) Plaintiff’s benefits should have been limited to those provided in Section 52-1-43, the scheduled injury section of the Act;
(3) Defendant was entitled to a credit against the workmen’s compensation award for the salary paid to plaintiff in the period following her injury; and
(4) The award of attorney’s fees was excessive.

We affirm in part and reverse in part.

FACTS

Plaintiff began working for the San Juan County Sheriff’s Department as a secretary in 1972. In November, 1981 she lost 98% of the vision in her left eye when she suffered a hemorrhage in that eye. That accident occurred while plaintiff was at home, and no claim for workmen’s compensation was made for that injury.

Plaintiff returned to work at the sheriff’s department in March 1982. On June 7, 1982, while at work, she suffered a hemorrhage in her other eye which resulted in an 80% loss of vision of the right eye. Although plaintiff never returned to work after June 7th, she remained on the payroll, receiving her regular salary until December 31, 1982, when her employment was terminated. This claim for compensation followed.

1. Causation

The trial court made the following pertinent findings:

2. On, or about, June 7, 1982, Plaintiff suffered an accident within the course and scope of her employment. The said accident resulted in partial loss of vision to Plaintiff’s right eye.
3. That as a result of the injuries suffered in the course of Plaintiff’s employment, she is totally disabled from performing any type of work for which she is suited as a result of age, education, training and work experience.
4. That as a result of the injury of June 7, 1982, the Plaintiff is totally disabled.
5. That the injury to Plaintiff of June 7, 1982 was caused by the stress from her job.

Defendants have not attacked the trial court’s finding of total disability. They contend plaintiff failed to prove essential elements required under Section 52-1-28. Defendants argue that the accident of June 7, 1982, although occurring at work, was not reasonably incident to plaintiff’s employment and could have happened at home as did the hemorrhage to the left eye. Further, defendants say plaintiff failed to prove causal connection since there were two equally probable causes for plaintiff’s high blood pressure.

In a workmen’s compensation proceeding, the trial court’s findings of fact will not be disturbed on appeal if they are supported by substantial evidence. Lyon v. Catron County Commissioners, 81 N.M. 120, 464 P.2d 410 (Ct.App.1969). “ ‘Substantial evidence’ means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion * * Den-Gar Enterprises v. Romero, 94 N.M. 425, 611 P.2d 1119 (Ct.App.1980).

Dr. Rosser Cole, an ophthalmologist, testified that, to a reasonable degree of medical probability, the cause of plaintiff’s hemorrhage and subsequent loss of vision in her right eye was high blood pressure. In the opinion of Dr. Francis Murray, a specialist in internal medicine, plaintiff’s high blood pressure at the time of the June 7, 1982 accident was, to a reasonable degree of medical probability, caused by tension created by plaintiff’s job situation.

On cross-examination of Dr. Murray, defendants attempted to impeach his opinion by suggesting that the high blood pressure was caused by family problems. Defendants argue that Dr. Murray’s testimony establishes two equally probable causes — family stress as well as job stress. See Renfro v. San Juan Hospital, Inc., 75 N.M. 235, 403 P.2d 681 (1965). The clear import of Dr. Murray’s testimony, however, particularly the testimony correlating rises in blood pressure to times plaintiff returned to work, negates two equally probable causes. His opinion on direct is buttressed by an incident at work, immediately before the eye hemorrhaged, that exposed plaintiff to stress.

This Court considers only that evidence favorable to the findings of the trial court and does not weigh conflicting evidence or inferences, or the credibility of witnesses. Turner v. New Mexico State Highway Dept., 98 N.M. 256, 648 P.2d 8 (Ct.App.), cert. denied, 98 N.M. 336, 648 P.2d 794 (1982). As a result, the trial court’s findings that plaintiff’s June 7, 1982 injury and disability were caused by job stress is supported by substantial evidence. We, therefore, uphold the trial court’s findings that the injury arose out of and in the course of her employment. See Gray v. J.P. (Bum) Gibbins, Inc., 75 N.M. 584, 408 P.2d 506 (1965); Williams v. Skousen Constr. Co., 73 N.M. 271, 387 P.2d 590 (1963).

2. Amount of benefits

Section 52-l-43(D) provides as follows: The loss of both hands, or both arms, or both feet, or both legs, or both eyes or any two of them, in the absence of conclusive proof to the contrary, constitutes total disability, permanent in character; provided, the employer shall not be liable for compensation for total disability if the loss of one arm, foot, leg, or eye occurred before the accidental injury for which claim is made, but in that event compensation shall be paid only in accordanee with the schedule set forth in Subsection A of this section.

(Emphasis added.)

Plaintiff disputes application of Section 52-l-43(A)(41) (total blindness of one eye) on two grounds: First, that this case is controlled by the holdings in Am. Tank & Steel Corp. v. Thompson, 90 N.M. 513, 565 P.2d 1030 (1977), and Witcher v. Capitan Drilling Company, 84 N.M. 369, 503 P.2d 652 (Ct.App.1972); second, that plaintiff suffered a “loss of use” of her eye rather than a “loss of” her eye and consequently, the limitations of Section 52-l-43(D) do not apply.

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Bluebook (online)
673 P.2d 1333, 100 N.M. 600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crane-v-san-juan-county-nm-nmctapp-1983.