Hanrahan v. State ex rel. Human Servs. Dep't

CourtNew Mexico Supreme Court
DecidedJuly 9, 2025
DocketS-1-SC-38405
StatusPublished

This text of Hanrahan v. State ex rel. Human Servs. Dep't (Hanrahan v. State ex rel. Human Servs. Dep't) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hanrahan v. State ex rel. Human Servs. Dep't, (N.M. 2025).

Opinion

The slip opinion is the first version of an opinion released by the Chief Clerk of the Supreme Court. Once an opinion is selected for publication by the Court, it is assigned a vendor-neutral citation by the Chief Clerk for compliance with Rule 23- 112 NMRA, authenticated and formally published. The slip opinion may contain deviations from the formal authenticated opinion.

1 IN THE SUPREME COURT OF THE STATE OF NEW MEXICO

2 Opinion Number:

3 Filing Date: July 9, 2025

4 NO. S-1-SC-38405

5 GERALD A. HANRAHAN, 6 on behalf of ALFRED J. MARTIN, JR., deceased,

7 Worker-Petitioner,

8 v.

9 STATE OF NEW MEXICO, 10 HUMAN SERVICES DEPARTMENT 11 and RISK MANAGEMENT DIVISION,

12 Employer/Insurer-Respondents.

13 ORIGINAL PROCEEDING ON CERTIORARI 14 David L. Skinner, Workers’ Compensation Judge

15 Gerald A. Hanrahan 16 Albuquerque, NM

17 for Petitioner

18 Evie M. Jilek 19 Albuquerque, NM

20 for Respondent 1 OPINION

2 VARGAS, Justice.

3 {1} After suffering multiple injuries following a workplace slip and fall, Alfred J.

4 Martin, Jr. (Worker) 1 obtained over $659,000 in workers’ compensation medical and

5 disability benefits. The award of these benefits is not disputed. At issue is whether

6 Worker suffered more than one injury within the meaning of the Workers’

7 Compensation Act (the Act) attorney fees provision, NMSA 1978, § 52-1-54(I)

8 (2013, amended 2025), which limits such fees to $22,500 per “single accidental

1 During the pendency of this appeal, a notice of suggestion of death was filed indicating that Worker, Alfred J. Martin, Jr., died on January 8, 2023. Rule 12- 301(A) NMRA of our Rules of Appellate Procedure instructs that, upon the death of a party, “proceedings shall then be had as the appellate court directs.” We filed an order informing the parties of our intent to substitute, and provided Worker’s attorney an opportunity to respond. He did not. We conclude that allowing substitution here involves no prejudice to Worker or his interests, his death during pendency of the appeal had no effect on our resolution of the issues on appeal, and substituting a party for Worker serves the best interests of the remaining parties and society by resolving an unsettled matter of law. See State v. Salazar, 1997-NMSC- 044, ¶ 25, 123 N.M. 778, 945 P.2d 996 (holding that an appellate court has authority to appoint a substitute for a deceased party on its own initiative when certain factors are satisfied, including a determination that the interests of the deceased are not prejudiced and that resolution of the matter is in the best interests of society). We therefore substitute Gerald A. Hanrahan for Worker-Petitioner Alfred J. Martin, Jr. The caption in this case has been amended to reflect this substitution. Finally, unless otherwise noted, reference to Worker in this opinion shall continue to refer to Mr. Martin. 1 injury.” For purposes of this opinion, we refer to such amount as one attorney fee

2 cap.

3 {2} The Court of Appeals reversed the Workers’ Compensation Judge’s (WCJ)

4 award of two attorney fee caps, awarding one cap instead. Martin v. State, A-1-CA-

5 36527, mem. op. ¶¶ 1, 36 (N.M. Ct. App. June 24, 2020) (nonprecedential). Worker

6 appeals that determination. We affirm the Court of Appeals in part and reverse in

7 part. We affirm the Court of Appeals’ determination that Worker failed to preserve

8 his claim that he is entitled to both permanent partial disability (PPD) and permanent

9 total disability (PTD) benefits, see id. ¶¶ 31-36, and therefore do not address the

10 issue in this opinion. We reverse the Court of Appeals solely on the attorney fee cap

11 issue, and we remand to the WCJ for the proper determination of attorney fees for

12 three “single accidental injur[ies]” pursuant to Section 52-1-54(I) (2013), keeping in

13 mind that the WCJ must ensure the ultimate fee awarded for each accidental injury

14 is reasonable, Rule 16-105(A) NMRA (“A lawyer shall not make an agreement for,

15 charge[,] or collect an unreasonable fee or an unreasonable amount for expenses.”).

16 I. BACKGROUND

17 A. The Injuries

18 {3} Less than a month after total knee replacement surgery, Defendant suffered a

19 workplace slip and fall on an icy sidewalk (slip-and-fall injury). At the time of the

2 1 accident, Worker was employed as an attorney with the New Mexico Human

2 Services Department (Employer). The parties do not dispute that the slip-and-fall

3 injury is a “single accidental injury” within the meaning of Section 52-1-54(I)

4 (2013). Instead, the parties dispute whether injuries after the slip-and-fall injury are

5 also “single accidental injur[ies]” such that a court may award more than one

6 attorney fee cap under Section 52-1-54(I) (2013).

7 {4} Because of the fall, Worker underwent a second knee surgery to repair damage

8 to his left knee, after which Worker developed a bacterial infection in his knee

9 followed by lung and heart complications as well as pain and discomfort in his knee,

10 ultimately necessitating a third knee surgery. The infection was treated with a

11 particular antibiotic via a PICC line2 in Worker’s knee. Two weeks after the PICC

12 line was inserted, Worker suffered an unexpected allergic reaction to the antibiotic

13 causing him to develop pneumonia leading to cardiac and respiratory failure and

14 oxygen deprivation. As a result, Worker sustained vision and memory loss,

15 ultimately classified as a traumatic brain injury (allergic-reaction injury). Later,

16 Worker’s PICC line was removed, and he was warned of the possibility of a

2 “A peripherally inserted central catheter (PICC), also called a PICC line, is a long, thin tube that is inserted through a vein in [a patient’s arm or leg] and passed through to the larger veins near the [patient’s] heart.” https://www.mayoclinic.org/ tests-procedures/picc-line/about/pac-20468748 (last visited July 7, 2025).

3 1 pulmonary embolism (PE injury) resulting from the removal, a known complication.

2 Worker suffered the cautioned PE injury. Worker eventually underwent additional

3 surgeries to treat aggravations of his knee injury. Employer paid medical and

4 disability benefits for all of these injuries. However, disputes over treatment

5 eventually arose leading to Worker’s compensation complaint 3 and a day-long trial

6 before a WCJ.

7 B. WCJ Decision

8 {5} In the proceedings before the WCJ, the parties stipulated that Worker injured

9 his knee “when he slipped on an icy sidewalk and landed on his left leg” and that

10 “[t]his accident arose out of, occurred within the course and scope of, and was

11 reasonably incident to, [his] employment.” The parties also stipulated to the

12 following relevant facts: (1) After “the accident, Employer’s supervisor directed him

13 to follow up with his own physicians and to make his own medical decisions,” and

14 (2) Employer was required to reimburse Worker for his travel expenses incurred

15 while seeking medical treatment for his work injury.

16 {6} After hearing the parties’ arguments and reviewing the evidence, which

17 included Worker’s medical records, an independent medical evaluation panel report,

Although Worker filed his initial complaint in September 2013, the October 3

2015 complaint is the basis of this appeal.

4 1 neuropsychological evaluations, and depositions from Worker and approved treating

2 physicians, the WCJ entered a compensation order. This order explained that Worker

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Hanrahan v. State ex rel. Human Servs. Dep't, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanrahan-v-state-ex-rel-human-servs-dept-nm-2025.