Garcia Ex Rel. Estate of Garcia v. Mt. Taylor Millwork, Inc.

801 P.2d 87, 111 N.M. 17
New Mexico Court of Appeals·Decided November 16, 1989·No. 10996·Published·Cited by 18 cases

Opinions

OPINION

ALARID, Judge.

In this appeal from an order of the Workers’ Compensation Division, appellant Mt. Taylor Millwork (employer) challenges the hearing officer’s award of death benefits to employee’s widow (claimant). Employer raises three issues on appeal: (1) whether the enactment of NMSA 1978, Section 52-5-1 (Repl.Pamp.1987) affects the premises exception to the going and coming rule adopted in Dupper v. Liberty Mutual Insurance Co., 105 N.M. 503, 734 P.2d 743 (1987); (2) whether the premises exception to NMSA 1978, Section 52-1-19 (Repl. Pamp.1987) (the going and coming rule) was properly applied by the hearing officer in this case; and (3) whether the special hazards exception to the going and coming rule is applicable in New Mexico in light of the language of Section 52-5-1. We affirm the decision of the hearing officer. Due to our disposition of the first two issues, we do not reach issue three.

FACTS

Employer, a small wood moulding manufacturing plant, began operation in 1965. The only access to the plant requires crossing a double set of railroad tracks owned by the Atchison, Topeka and Santa Fe Railway Company (railroad). Employer’s permission to use the crossing for ingress and egress to and from the millwork is found in the terms of three documents, which we discuss later.

On August 3, 1987, George Garcia, an employee of Mt. Taylor Millwork, was proceeding to work. While crossing the railroad tracks, his vehicle was struck by a westbound train. Garcia died in the accident. Claimant brought this action for death benefits under the Workers’ Compensation Act (Repl.Pamp.1987 & Cum.Supp. 1989) (the Act). In awarding benefits, the hearing officer found that the agreement giving employer permission to use the crossing for purposes of ingress and egress to the millwork resulted in an easement which was an extension of the employer’s premises and that the award of compensation was not barred by the going and coming rule.

DISCUSSION

1. Whether the enactment of Section 52-5-1 affects the premises exception to the going and coming rule adopted in Dupper.

Section 52-5-1 provides, in pertinent part:

It is the specific intent of the legislature that benefit claims cases be decided on their merits and that the common law rule of “liberal construction” based on the supposed “remedial” basis of workers’ benefits legislation shall not apply in these cases. The workers’ benefit system in New Mexico is based on a mutual renunciation of common law rights and defenses by employers and employees alike. Accordingly, the legislature hereby declares that the Workers’ Compensation Act * * * [is] not remedial in any sense and [is] not to be given a broad liberal construction in favor of the claimant or employee on the one hand, nor are the rights and interests of the employer to be favored over those of the employee on the other hand.

Section 52-1-19, the going and coming rule, provides that:

[U]nless the context otherwise requires, “injury by accident arising out of and in the course of employment” shall include accidental injuries to workers and death resulting from accidental injury as a result of their employment and while at work in any place where their employer’s business requires their presence but shall not include injuries to any worker occurring while on his way to assume the duties of his employment or after leaving such duties, the proximate cause of which is not the employer’s negligence.

In Dupper, the New Mexico Supreme Court adopted the premises exception to the going and coming rule. Essentially, the court held that an employee going to or coming from his place of work on his employer’s premises is within the protection of the Act. Id. The supreme court also recognized the long-standing view of workers’ compensation legislation as remedial in nature and subject to liberal construction, with all doubts resolved in favor of the worker. Id.

Employer argues that the legislature’s rejection of the rule of liberal construction in Section 52-5-1 requires that Dupper must now be re-evaluated and restricted to the plain language of the going and coming rule as stated in Section 52-1-19. Employer’s argument suggests that virtually all workers’ compensation decisions rendered under the rubric of liberal construction are either questionable or inapplicable in light of Section 52-5-1.

Claimant typifies Section 52-5-1 as unconstitutional, blind legislation and suggests the legislature’s abandonment of the rule of liberal construction ignores fundamental precepts of separation of powers between the judiciary and the legislature. See N.M. Const, art. VI, § 1. Claimant also argues that Section 52-5-1 purports to revise or amend sections of the Act by reference to title only in violation of N.M. Const, art. IV, § 18.

We do not read the legislature’s adoption of Section 52-5-1 as an attempt to undermine the workers’ compensation jurisprudence developed by the appellate courts of this state as employer suggests. Nor need we decide whether the codification of Section 52-5-1 creates questions of constitutional proportion as claimant argues. Instead, we find Section 52-5-1 a prospectively applicable statement of legislative intent that neither attempts nor purports to retroactively dismantle established workers’ compensation case law enunciated under the rule of liberal construction.

Statutes are presumed to operate prospectively unless a clear intention on the part of the legislature exists to give a statute retroactive effect. Psomas v. Psomas, 99 N.M. 606, 661 P.2d 884 (1982). In light of this principle, we observe that Section 52-5-1 became effective on July 1, 1987, with no indication of an intent to apply the legislation retroactively. See Laws 1987, ch. 342, § 30. Section 52-5-1 is absent any language calling for retroactive application. With no expression of legislative intent that Section 52-5-1 apply retroactively, we must conclude the abandonment of liberal construction is intended as a guide for the future and not a wholesale rejection of the developed body of workers’ compensation case law relying in whole or in part on the rule of liberal construction. Cf. Standard Gravure Corp. v. Grabhorn, 702 S.W.2d 49 (Ky.Ct.App.1985) (legislature’s repeal of liberal construction mandate had no effect upon “operating premises” exception to the “going and coming rule” absent clear legislative intent to abolish the exception).

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Garcia Ex Rel. Estate of Garcia v. Mt. Taylor Millwork, Inc., 801 P.2d 87, 111 N.M. 17 (N.M. Ct. App. 1989).

801 P.2d 87 (Garcia Ex Rel. Estate of Garcia v. Mt. Taylor Millwork, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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