Fierro v. Stanley's Hardware

722 P.2d 662, 104 N.M. 411
CourtNew Mexico Court of Appeals
DecidedJune 17, 1986
Docket7908, 7934
StatusPublished
Cited by4 cases

This text of 722 P.2d 662 (Fierro v. Stanley's Hardware) 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
Fierro v. Stanley's Hardware, 722 P.2d 662, 104 N.M. 411 (N.M. Ct. App. 1986).

Opinion

OPINION

HENDLEY, Chief Judge.

The Supreme Court reversed our decision in Fierro v. Stanley’s Hardware, 24 SBB 1022 (Ct.App.1985), and remanded the matter to us for determination of an issue that had been raised on certiorari. Fierro v. Stanley’s Hardware, 104 N.M. 50, 716 P.2d 241 (1986). Several other issues had been raised in the case which we had ruled moot in light of our disposition. Because of the Supreme Court’s reversal of our opinion, these issues are again viable.

This case involves á plaintiff who had a congenital defect in one eye and then sustained a work-related accidental injury to his other eye. The trial court entered judgment in plaintiff’s favor against Stanley’s, its carrier, and the New Mexico Subsequent Injury Fund. The Fund and plaintiff appealed.

Unless otherwise indicated, all references to the Workmen’s Compensation Act (Act) shall be to NMSA 1978, Sections 52-1-1 to -69 (Orig.Pamp. and Cum.Supp.1985), and all references to the Subsequent Injury Act (SIA) shall be to NMSA 1978, Sections 52-2-1 to -13.

The Fund raised the following issues on appeal: (1) Did the employer have sufficient actual knowledge of plaintiff’s preexisting impairment to allow recovery where the certificate of preexisting physical impairment was filed after the subsequent injury? (2) Does the SIA apply when plaintiff has a congenital impairment? (3) Do the limitations of the scheduled member section of the Act apply to the SIA, and if so, how? (4) Did the trial court correctly apportion liability between the employer and the Fund?

The plaintiff raised the following issues in his appeal: (1) Does substantial evidence support the trial court’s finding that plaintiff sustained a 75% permanent partial disability as a result of the accidental injury to his left eye? (2) Did the trial court err in refusing to allow a clinical psychologist to give an opinion on the causal connection between the accidental injury and a claimed psychological disability, and, as a sub-issue, should a continuance have been granted so that a psychiatrist could be found to testify?

Our prior opinion addressed the Fund’s certificate issue and the plaintiff’s psychologist issue. We held that, because Stanley’s did not have actual knowledge of the prior impairment and plaintiff did not timely file his certificate, the SIA did not apply and the Fund could not be held liable. Thus, the Fund’s issues (2) through (4), and plaintiff’s issue (1) became moot. Under our prior decision, plaintiff was limited to compensation from his employer only, and that compensation had to be in the form of scheduled benefits. We also held against plaintiff on his issue (2).

On certiorari, the Supreme Court reversed our decision on the Fund’s issue (1), holding that plaintiff’s certificate was in compliance with the SIA, and that there was sufficient evidence to support the trial court’s finding of actual knowledge on the part of plaintiff’s employer. The Supreme Court did not limit plaintiff’s recovery to the scheduled benefits section and remanded that issue to this Court for decision. Due to the Supreme Court’s decision reinstating the liability of the Fund, the Fund’s issues (2) through (4) and plaintiff’s issue (1) are no longer moot.

Accordingly, we address: I. Whether the SIA applies to congenital defects; II. Whether the limitations in the scheduled member section of the Act apply to the SIA; III. Whether the trial court correctly apportioned liability; and, IV. Whether substantial evidence supports the trial court’s finding of 75% disability. We affirm.

I

The Fund maintains that the SIA only applies to subsequent injuries which are preceded by an accidental injury and not to subsequent injuries which are preceded by other impairments, including congenital impairments. We disagree.

Although Sections 52-2-2(A) and 52-2-6 do refer to “injuries” and “accidental injuries,” Sections 52-2-3 and 52-2-9(A) refer simply to “permanent physical impairment.” These are defined as permanent physical conditions which are in fact, or are likely to be, obstacles to employment. Thus, the provisions of Sections 52-2-2(A) and -6 appear to conflict with Sections 52-2-3 and -9(A).

When an ambiguity appears in statutory language which gives rise to several different interpretations, we resort to construction and interpretation to arrive at the statutory meaning. Vaughn v. United Nuclear Corp., 98 N.M. 481, 650 P.2d 3 (Ct.App.1982). Our task is to ascertain the legislative intent.

Vaughn notes that the SIA is remedial, should not be interpreted narrowly or technically, and should be construed in light of its beneficent purposes. The intention behind the SIA is to encourage employment and retention of handicapped employees by employers. It should be liberally construed to effectuate the purpose of encouraging employment of the handicapped. It would be contrary to Vaughn to apply the SIA so that subsequent injuries which were preceded by congenital permanent physical impairments were excluded.

The Fund’s argument that the Legislature intended to distinguish between two types of handicapped workers is not in accord with Gutierrez v. City of Gallup, 102 N.M. 647, 699 P.2d 120 (Ct.App.1984). There, the issue was whether the Fund was liable when a third-party tortfeasor was responsible for plaintiff’s prior impairment, and the worker had settled with the tortfeasor. We stated:

The result the Fund seeks would discriminate between two classes of handicapped workers, those who availed themselves of the workmen’s compensation remedy for an earlier injury and those, equally physically impaired, who did not. We can discern no policy goal which would support such discrimination.

See also Larson’s criticism of McLean’s Case, 326 Mass. 72, 93 N.E.2d 233 (1950), at 2 A. Larson, The Law of Workmen’s Compensation § 59.32(a) (1983), and Lawson v. Suwannee Fruit & Steamship Co., 336 U.S. 198, 69 S.Ct. 503, 93 L.Ed. 611 (1949).

The Fund advances no convincing justification for the disparate treatment of those handicapped through accidental injury and those handicapped by congenital defects. We find it significant that the Legislature did not define “injury” in the SIA, but did define “permanent physical impairment” broadly. It includes all suffering from a permanent impairment which is, or is likely to be, an obstacle to employment. § 52-23. If the SIA had consistently used the term “injury,” the Fund might have had an argument, but since the SIA is ambiguous, and we can see no justification for discriminating between classes of handicapped workers, we interpret it to include congenital defects.

II

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Bluebook (online)
722 P.2d 662, 104 N.M. 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fierro-v-stanleys-hardware-nmctapp-1986.