Gurule v. Dicaperl Minerals Corp.

2006 NMCA 054, 134 P.3d 808, 139 N.M. 521
CourtNew Mexico Court of Appeals
DecidedMarch 22, 2006
DocketNo. 25,547
StatusPublished
Cited by14 cases

This text of 2006 NMCA 054 (Gurule v. Dicaperl Minerals Corp.) 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
Gurule v. Dicaperl Minerals Corp., 2006 NMCA 054, 134 P.3d 808, 139 N.M. 521 (N.M. Ct. App. 2006).

Opinion

OPINION

CASTILLO, Judge.

{1} The question before us is how to calculate the reduction in the number of weeks of permanent partial disability (PPD) benefits, as set forth in NMSA 1978, § 52-l-42(B) (1990), when a worker has received partial temporary total disability (TTD) benefits, pursuant to NMSA 1978, § 52-l-25.1(C) (1990). We hold that the language of Section 52-l-42(B) authorizes a reduction of one week of PPD benefits for each week of TTD benefits paid, regardless of the percentage of TTD actually paid. Accordingly, we affirm the entry of summary judgment in favor of Employer.

I. BACKGROUND

{2} The facts of this case are not in dispute. Worker suffered an injury in the scope and course of his employment. The parties agreed to a stipulated compensation order (Stipulated Order), in which they resolved all outstanding issues in the case, except for the amount of credit due Employer for payment of TTD. As to this issue, the parties agreed to the following. From April 9, 2002, to December 8, 2002, a period of 35 weeks, Worker returned to work before he reached maximum medical improvement (MMI) for all of his injuries. During this 35-week period, Worker was paid partial TTD benefits in the aggregate amount of $3,840.86, which was an average payment of $109.73 per week in partial TTD benefits. Worker’s compensation rate for TTD benefits is $492.98 per week. Worker’s PPD benefit rate is $236.63 per week. As to the credit for the payment of TTD benefits, Employer argued that Employer should receive a week of credit for each week benefits were paid. Woi'ker, on the other hand, contended that credit should be calculated on a dollar-for-dollar basis, which would allow Employer a week of credit when the payments made equal the TTD compensation rate of $492.98. Under Employer’s argument, 35 weeks of payments equal 35 weeks of Section 52-1-42(B) credit. Under Worker’s theory, Employer would receive only 7.8 weeks of credit under the statute.

{3} After the Stipulated Order was entered, Worker filed a second complaint, seeking resolution of the question regarding the appropriate credit to be given Employer. The parties filed cross-motions for summary judgment on this issue. The Workers’ Compensation Judge (WCJ) granted Employer’s motion and denied Worker’s motion. Observing that partial TTD benefits are paid under a weekly scheme, the WCJ concluded that credit for payment should be applied in a similar fashion — that is, based on the weeks paid. Worker appealed.

II. DISCUSSION

A. Standard of Review

{4} Summary judgment is proper where there is no genuine issue of material fact and where the moving party is entitled to judgment as a matter of law. Garcia v. Smith Pipe & Steel Co., 107 N.M. 808, 809, 765 P.2d 1176, 1177 (Ct.App.1988). The only issue before us relates to the interpretation of the statutes. Statutory interpretation is a question of law, which this Court reviews de novo. Flores v. J.B. Henderson Constr., 2003-NMCA-116, ¶ 9, 134 N.M. 364, 76 P.3d 1121.

B. Statutory Interpretation

{5} Section 52-l-25.1(C) deals with payment of TTD benefits to a worker who has not reached MMI, is released to return to work, and earns less than his pre-injury wage. This section states the following:

If, prior to the date of maximum medical improvement, an injured worker’s health care provider releases the worker to return to work and the employer offers work at less than the worker’s pre-injury wage, the worker is disabled and shall receive temporary total disability compensation benefits equal to sixty-six and two-thirds percent of the difference between the worker’s pre-injury wage and his post-injury wage.

Id.

{6} In this case, Worker received TTD benefits for a 35-week period, during which he received an average of $109.73 per week. When an employer pays TTD under Section 52-1-25.1(0), that employer receives credit for payment of those TTD benefits, pursuant to Section 52-H2(B), which states the following:

If an injured worker receives temporary total disability benefits prior to an award of partial disability benefits, the maximum period for partial disability benefits shall be reduced by the number of weeks the worker actually receives temporary total disability benefits.

{7} Worker and Employer urge differing interpretations of Section 52-l-42(B). We begin our analysis by looking to the plain language of the statute and to the intent of the legislature. See Draper v. Mountain States Mut. Cas. Co., 116 N.M. 775, 777, 867 P.2d 1157, 1159 (1994) (stating that courts first look to the plain language of a statute and also examine an act in its entirety in order to construe legislative intent). The language of Section 52-l-42(B) is clear: the maximum period for PPD benefits is reduced by the “number of weeks” the worker actually receives TTD benefits. Section 52-1^2(B). One of the legislative goals of the Workers’ Compensation Act (Act), NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2005), is to promote the rehiring of injured workers and thereby reduce their reliance on compensation benefits. See Grubelnik v. Four-Four, Inc., 2001-NMCA-056, ¶ 20, 130 N.M. 633, 29 P.3d 533 (stating that Section 52-1-25.1 is intended to advance the purpose of rehiring injured workers); Lackey v. Darrell Julian Constr., 1998-NMCA-121, ¶ 20, 125 N.M. 592, 964 P.2d 153 (“The Workers’ Compensation Act provides statutory incentives to both employers and employees to encourage return to work with minimal dependence on compensation rewards.”) Allowing an employer full credit for each week of TTD benefits paid under Section 52-1-25.1(0 fosters this goal. The employer is encouraged to rehire an injured worker, and compensation is provided to the worker who returns to work at less than his pre-injury wage.

{8} Worker argues that our ease law also recognizes that because the Act is imprecise, the plain meaning rule should be cautiously applied in the workers’ compensation context. Chavez v. Mountain States Constructors, 1996-NMSC-070, ¶ 25, 122 N.M. 579, 929 P.2d 971. Worker relies on the definitions in Section 52-l-25.1(A) and Section 52-1-50.1 for his argument that TTD is a benefit based on total disability but is awarded for a temporary period of time. Worker cites to several New Mexico cases in which the courts distinguished between partial and full TTD benefits. See Lackey, 1998-NMCA-121, ¶ 10, 125 N.M. 592, 964 P.2d 153 (recognizing that the award of benefits under Section 52-1-25.1(0 is a partial benefit); Ortiz v. BTU Block & Concrete Co., 1996-NMCA-097, ¶¶ 8, 10, 122 N.M. 381, 925 P.2d 1 (holding that the worker was entitled to full TTD benefits because the employer never made an offer of employment once the worker was released to work). Worker acknowledges that the distinction between full and partial TTD benefits is only found in New Mexico ease law because the legislature did not make such a distinction.

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Bluebook (online)
2006 NMCA 054, 134 P.3d 808, 139 N.M. 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gurule-v-dicaperl-minerals-corp-nmctapp-2006.