Douglass v. State, Regulation & Licensing Department

812 P.2d 1331, 112 N.M. 183
CourtNew Mexico Court of Appeals
DecidedApril 16, 1991
Docket12408
StatusPublished
Cited by14 cases

This text of 812 P.2d 1331 (Douglass v. State, Regulation & Licensing Department) 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
Douglass v. State, Regulation & Licensing Department, 812 P.2d 1331, 112 N.M. 183 (N.M. Ct. App. 1991).

Opinions

OPINION

DONNELLY, Judge.

Worker appeals from a judgment denying him benefits under the Workers’ Compensation Act. NMSA 1978, §§ 52-1-1 to -70 (Repl.Pamp.1987) (New Act). Five issues are raised on appeal: (1) whether the workers’ compensation judge (judge) erred as a matter of law in concluding that worker did not sustain an injury by accident arising out of and in the course of employment; (2) whether worker’s stress-induced depression is a “physical impairment” under Section 52-l-24(A); (3) whether the judge’s finding that worker was not temporarily totally disabled was supported by substantial evidence; (4) whether worker is entitled to recover medical expenses pursuant to Section 52-1-49, even if he sustained no “impairment” as defined by Section 52-1-24; and (5) whether the judge’s failure to find that worker’s medical expenses were reasonable and necessary constituted prejudicial error. Other issues raised in the docketing statement but not briefed are deemed abandoned. See State v. Fish, 102 N.M. 775, 701 P.2d 374 (Ct.App.1985). We affirm.

FACTS

Worker was employed with New Mexico State Financial Institutions Division (Division) from 1971 through March 4, 1988. His position as a financial institutions examiner supervisor required that he examine credit unions and thrift institutions for compliance with state regulatory standards. During his period of employment with the Division, worker was subject to supervision and direction by a number of directors and different management styles. In 1987 a new director took over the Division and shifted its priorities. As a result, a reduction was made in the number of employees under worker’s control.

In March 1987 worker started to work evenings and weekends to offset the staff reduction, and experienced anxiety about his ability to perform all of the work assigned to him. By November 1987 worker was graded down in his performance and development plan and sought psychiatric treatment from Dr. James Jaramillo. Dr. Jaramillo observed symptoms of depression, anxiety, confusion, fatigue and disorientation and diagnosed worker as suffering from neuro-chemical depression. The diagnosis was evidenced by blood and urine tests and the success of chemotherapeutic medication. Worker was placed on sick leave in March 1988. Dr. Jaramillo subsequently concluded that worker was in need of intensive psychiatric treatment and he was hospitalized from April 12, 1988, until May 2, 1988, and thereafter treated on an outpatient basis for depression.

Worker sought benefits for temporary total disability and reimbursement of medical expenses. Following a hearing on the merits, the judge entered an order determining that worker’s claim was not compensable under the Workers’ Compensation Act and that he was not entitled to medical benefits because no compensable claim or disability had been established.

I. CLAIM OF MENTAL IMPAIRMENT

Worker argues that the judge erred in concluding he had not sustained a compensable claim under the Workers’ Compensation Act.

The New Act defines both “total disability” and “partial disability” in terms of suffering an “impairment.” Section 52-1-24, as revised by the legislature, states:

As used in the Workers’ Compensation Act ...:
A. “impairment” includes physical impairment, primary mental impairment and secondary mental impairment;
B. “primary mental impairment” means 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, but is not an event in connection with disciplinary, corrective or job evaluation action or cessation of the worker’s employment; and
C. “secondary mental impairment” means a mental illness resulting from a physical impairment caused by an accidental injury arising out of and in the course of employment.

Worker concedes that his injury does not come within the definition of “primary” or “secondary mental impairment” as defined in Section 52-1-24. Worker argues, however, that his work-related, stress-caused neurochemical depression is a “physical impairment” under Section 52-1-24 of the New Act. The judge, however, concluded that the depression was “mental” rather than “physical” and did not constitute a compensable “primary mental impairment” under Section 52-l-24(B) because no single psychologically traumatic event triggered the injury. We agree.

Comparison of the current provisions of Section 52-1-24 with the language of the prior statute as interpreted by Candelaria v. General Electric Co., 105 N.M. 167, 730 P.2d 470 (Ct.App.1986), we think evinces a legislative intent to restrict recovery under the Workers’ Compensation Act for physical and mental injuries to those types of injuries defined in Section 52-1-24. Considering the plain language of Section 52-1-24, in light of the statute’s former provisions and legislative history, we conclude the legislature intended to ex-elude from coverage claims of mental illness resulting from work-related stress, unaccompanied by either a “psychologically traumatic event that is generally outside of a worker’s usual experience,” or mental illness “resulting from a physical impairment caused by an accidental injury arising out of and in the course of employment.” § 52-l-24(B), (C).

In Candelaria we held that stress-induced mental injuries should be treated like any other injury for purposes of receiving benefits under the Act. There, we reasoned that “[i]f both physical trauma leading to psychological disability, and emotional stress, leading to physical disability are compensable, it [also] follows that emotional stress leading to psychological disability comes within the Act.” Id., 105 N.M. at 171, 730 P.2d at 474. Following this court’s decision in Candelaria the legislature substantially rewrote Section 52-1-24. See Jensen v. New Mexico State Police, 109 N.M. 626, 788 P.2d 382 (Ct.App.1990).

Section 52-1-24 as rewritten by the legislature in the New Act allows recovery for mental impairment where the impairment is shown to have been caused by a psychologically traumatic event outside of the worker’s usual experience, or where the mental illness results from a work-related physical impairment. In adopting the New Act the legislature, inter alia, also rewrote the provisions of Sections 52-1-19 (accidental injury), -24 (definition of impairment), -25 (total disability), and -26 (partial disability).

In construing the meaning of “physical impairment,” our primary concern is to determine and give effect to the intention of the legislature. Security Escrow Corp. v. State Taxation & Revenue Dep’t, 107 N.M. 540, 760 P.2d 1306 (Ct.App.1988).

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Douglass v. State, Regulation & Licensing Department
812 P.2d 1331 (New Mexico Court of Appeals, 1991)

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Bluebook (online)
812 P.2d 1331, 112 N.M. 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/douglass-v-state-regulation-licensing-department-nmctapp-1991.