Gutierrez v. Amity Leather Products Co.

751 P.2d 710, 107 N.M. 26
CourtNew Mexico Court of Appeals
DecidedJanuary 26, 1988
Docket9869
StatusPublished
Cited by7 cases

This text of 751 P.2d 710 (Gutierrez v. Amity Leather Products Co.) 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
Gutierrez v. Amity Leather Products Co., 751 P.2d 710, 107 N.M. 26 (N.M. Ct. App. 1988).

Opinion

OPINION

DONNELLY, Chief Judge.

Employer, Amity Leather Products Co. (Amity), appeals from a judgment awarding worker’s compensation benefits to the claimant, Gutierrez. The award included total temporary disability benefits, future medical benefits, vocational rehabilitation benefits, travel expenses, and attorney fees and costs. The dispositive issues on appeal are: (1) whether psychogenic pain disorder is a compensable injury under the New Mexico Worker’s Compensation Act (Act), see NMSA 1978, Section 52-1-1 (as it read prior to amendment by 1987 N.M.Laws ch. 235, § 1, effective June 19, 1987); (2) whether there was sufficient evidence to support the trial court’s finding that Gutierrez’ psychogenic pain disorder was a direct and natural result of the accident occurring at Amity on July 26, 1984; (3) whether the trial court erred in not granting Amity’s motion for a continuance; and (4) whether Gutierrez presented sufficient evidence on which to base an award of vocational rehabilitation benefits. We discuss the first two issues together. We affirm the trial court.

Gutierrez was employed by Amity on July 26, 1984 when she suffered an on-the-job injury to her right shoulder. Thereafter, Gutierrez saw several physicians and underwent surgery. When Gutierrez continued to experience a chronic pain in her shoulder, she was referred to Dr. Dempsey, a psychiatrist. Dempsey diagnosed Gutierrez as suffering from psychogenic pain disorder and stated that “[t]he essential features of this group of disorders are physical symptoms suggesting physical disorder for which there are no demonstrable organic findings or known physiological mechanisms and for which there is positive evidence, or a strong presumption, that the symptoms are linked to psychological factors or conflicts.”

The trial court found that Gutierrez was disabled due to her physical injuries, as well as psychogenic pain disorder. Amity has not challenged the trial court’s findings concerning the physical injury to her shoulder and it is undisputed that the shoulder injury was causally connected to the accident.

I. COMPENSABILITY OF PSYCHOGENIC PAIN DISORDER.

A. Recognition of the Cause of Action.

Amity asserts that psychogenic pain disorder is not a compensable injury under the Act because the medical cause for the condition is not known and because it did not arise out of Gutierrez’ employment at Amity. We discuss each of these arguments separately.

New Mexico courts have recognized that in cases involving physical injuries sustained during the course and scope of a worker’s employment, resulting psychological disabilities are also compensable. Ross v. Sayers Well Serv. Co., 76 N.M. 321, 414 P.2d 679 (1966); Gonzales v. Gackle Drilling Co., 70 N.M. 131, 371 P.2d 605 (1962); Candelaria v. General Elec. Co., 105 N.M. 167, 730 P.2d 470 (Ct.App.1986). Thus, psychogenic pain disorder, insofar as it is a psychological disability, is compensable so long as it was proximately caused by an accident arising out of and in the course of her employment with Amity. See NMSA 1978, § 52-1-9 (Repl.Pamp.1987); Wade v. Aetna Cas. & Sur. Co., 735 S.W.2d 215 (Tenn.1987) (psychogenic pain disorder qualifies as a compensable mental illness when causally connected to a work-related accident).

B. Causal Connection.

Amity claims that Gutierrez failed to meet her burden of establishing the medical and scientific cause of psychogenic pain disorder. Amity relies on the testimony of Dr. Dempsey, a board-certified psychiatrist licensed to practice medicine in this state. No challenge has been made to the competency of Dr. Dempsey to render an expert medical opinion. Dr. Dempsey testified to the effect that he could not “scientifically” explain the cause of psychogenic pain disorder. Amity confuses scientifically proven knowledge with the required proof. By statute, Gutierrez was required to establish the causal connection between the disability and the accident as a reasonable medical probability by expert testimony; she was not required to present proof of the scientific basis for psychogenic pain disorder. See Geeslin v. Goodno, Inc., 77 N.M. 408, 423 P.2d 603 (1967); Gallegos v. Kennedy, 79 N.M. 590, 446 P.2d 642 (1968); Trujillo v. Beaty Elec. Co., 91 N.M. 533, 577 P.2d 431 (Ct.App. 1978) (Sutin, J., specially concurring).

On appeal, this court views the evidence in the light most favorable to the trial court’s decision, and disregards all evidence and inferences to the contrary. See Clovis Nat’l Bank v. Harmon, 102 N.M. 166, 692 P.2d 1315 (1984); Sanchez v. Homestake Mining Co., 102 N.M. 473, 697 P.2d 156 (Ct.App.1985). The issue is not whether there is evidence to support an alternative result, but, rather, whether the trial court’s result is supported by substantial evidence. Bagwell v. Shady Grove Truck Stop, 104 N.M. 14, 715 P.2d 462 (Ct.App.1986). Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Schober v. Mountain Bell Tel., 96 N.M. 376, 630 P.2d 1231 (Ct.App.1980). Although contrary evidence is presented which may support a different verdict, this court does not reweigh the evidence. See State v. Lujan, 103 N.M. 667, 712 P.2d 13 (Ct.App.1985).

Upon review of the evidence, we find support for the trial court’s finding that the condition diagnosed by Dr. Dempsey was within a reasonable medical probability a natural and direct result of the accident at Amity. Dr. Dempsey testified that based on medical probability, the psychogenic pain disorder is secondary to, and was caused by Gutierrez’ shoulder injury of July, 1984. Moreover, from a clinical perspective, he found a temporal relationship between the accident and the injury, and that the accident played a role in Gutierrez’ psychogenic pain disorder. While there are conflicts in Dr. Dempsey’s testimony, it is for the trier of fact, not a reviewing court, to reconcile the inconsistent or contradictory statements of the witnesses. Lopez v. Smith’s Mgmt. Corp., 106 N.M. 416, 744 P.2d 544 (Ct.App.1986). This rule is equally applicable to conflicts within the testimony of a single witness. Id. Dr. Dempsey’s testimony is sufficient to establish the requisite causal connection. Compare Renfro v. San Juan Hosp. Inc., 75 N.M. 235, 403 P.2d 681 (1965) (the required proof is not present if the medical testimony only establishes that one of several factors could have caused the disability) with Crane v. San Juan County, 100 N.M. 600, 673 P.2d 1333

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Bluebook (online)
751 P.2d 710, 107 N.M. 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gutierrez-v-amity-leather-products-co-nmctapp-1988.