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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 Opinion Number: ________________
3 Filing Date: November 30, 2023
4 No. A-1-CA-40077
5 LYNNE JARAMILLO,
6 Worker-Appellant,
7 v.
8 NEW MEXICO TAXATION & REVENUE 9 DEPARTMENT and RISK MANAGEMENT,
10 Employer/Self-Insured-Appellees.
11 APPEAL FROM THE WORKERS’ COMPENSATION ADMINISTRATION 12 Rachel A. Bayless, Workers’ Compensation Judge
13 Dorato & Weems LLC 14 Derek Weems 15 Albuquerque, NM
16 for Appellant
17 Cuddy & McCarthy, LLP 18 Scott P. Hatcher 19 Santa Fe, NM
20 for Appellees 1 OPINION
2 YOHALEM, Judge.
3 {1} Lynne Jaramillo (Worker) appeals from an order of a Workers’ Compensation
4 Judge (WCJ) awarding her 115 weeks of benefits for a scheduled injury to “one foot
5 at the ankle,” pursuant to NMSA 1978, Section 52-1-43(A)(32) (2003) of the
6 Workers’ Compensation Act (WCA), NMSA 1978, §§ 52-1-1 to -70 (1929, as
7 amended through 2017). This case raises a single issue of statutory construction:
8 Worker contends that an injury to the upper part of the ankle, resulting in partial loss
9 of use of the ankle, is an injury to Worker’s “leg between knee and the ankle,”
10 compensable under Subsection 1 (A)(31) of Section 52-1-43. Worker argues that both
11 the plain language of the WCA and longstanding precedent support her claim that
12 the Legislature used the phrase “at the [joint]” in the list of scheduled injuries to
13 include only injuries to the body member named up to the named joint, and not
14 injuries to the joint itself. Worker seeks compensation for 130 weeks for her ankle
15 injury, which she claims is an injury to the “leg between knee and the ankle,”
16 compensated under Subsection (A)(31), and an additional 115 weeks of
17 compensation for what she claims is a separate injury to her foot, under Subsection
18 (A)(32). We agree with the WCJ that an ankle injury is a scheduled injury to the
19 “foot at the ankle,” compensable under Subsection (A)(32), and that Worker’s
1 All references to subsections are to subsections of Section 52-1-43. 1 scheduled injury to her foot and ankle entitles Worker to 115 weeks of
2 compensation. We therefore affirm.
3 DISCUSSION
4 I. The Relevant Statutory Provision
5 {2} Resolution of the question raised on appeal requires this Court to construe
6 Section 52-1-43, the scheduled injury section of the WCA. Subsection (A) lists forty-
7 three “specific body members,” pairing each listed body member with a period of
8 time, stated in weeks, that compensation will be provided for “the loss or loss of use”
9 of that body member. See § 52-1-43(A)(1)-(43). Subsection (B) provides that the
10 amount of compensation for the partial loss of use of a body member or physical
11 function will be a percentage of the amount for total loss of the use or of the physical
12 function of that body member. The number of weeks of benefits will be the same
13 whether the loss is total or partial. See § 52-1-43(B).
14 {3} Section 52-1-43 states, in relevant part, as follows:
15 A. For disability resulting from an accidental injury to 16 specific body members, including the loss or loss of use thereof, the 17 worker shall receive the weekly maximum and minimum compensation 18 for disability as provided in Section 52-1-41 . . . for the following 19 periods:
20 ....
21 (31) one leg between knee and ankle 130 weeks
22 (32) one foot at the ankle 115 weeks
2 1 ....
2 B. For a partial loss of use of one of the body members or 3 physical functions listed in Subsection A of this section, the worker 4 shall receive compensation computed on the basis of the degree of such 5 partial loss of use, payable for the number of weeks applicable to total 6 loss or loss of use of that body member or physical function.
7 II. Standard of Review
8 {4} Since the issue presented is one of statutory interpretation, our review is de
9 novo. See Baca v. Complete Drywall Co., 2002-NMCA-002, ¶ 12, 131 N.M. 413,
10 38 P.3d 181 (reviewing de novo on appeal the meaning and construction of the
11 WCA). “In interpreting statutes, we seek to give effect to the Legislature’s intent,
12 and in determining intent we look to the language used and consider the statute’s
13 history and background.” Valenzuela v. Snyder, 2014-NMCA-061, ¶ 16, 326 P.3d
14 1120 (internal quotation marks and citation omitted). Our analysis requires us to
15 begin with the plain language of the statute, giving the words their ordinary meaning.
16 See State v. Davis, 2003-NMSC-022, ¶ 6, 134 N.M. 172, 74 P.3d 1064. “The
17 application of the plain meaning rule does not, however, end with a formalistic and
18 mechanistic interpretation of statutory language.” Id. The language must be read in
19 the context of the larger statutory or regulatory scheme “to produce a harmonious
20 whole,” while “giv[ing] effect to all the language in each of those sections.” Baca,
21 2002-NMCA-002, ¶ 13.
3 1 {5} This focus on the Legislature’s purpose within the statutory scheme as a
2 whole, rather than relying on the plain language of a single subsection in isolation,
3 is especially important in workers’ compensation cases. Our Supreme Court has
4 recognized that “the provisions of the [WCA] are imprecise,” and has warned that
5 “the plain language rule may not be the best approach to interpreting this statute.”
6 Chavez v. Mountain States Constructors, 1996-NMSC-070, ¶ 25, 122 N.M. 579, 929
7 P.2d 971. It is, therefore, especially important when construing the WCA to consider
8 the purposes of a provision in the statutory scheme. See id.
9 III. An Injury to “One Foot at the Ankle,” Subsection (A)(32), Includes an 10 Injury to the Ankle Joint
11 A. Neither Worker’s Nor Employer’s Construction of the Phrase “at the 12 Ankle” Is Supported by the Plain Language of Subsection (A)(32)
13 {6} Worker contends that because the bones which form the upper part of the
14 ankle joint are the ends of the bones in the lower leg, an injury to the upper part of
15 the ankle is not an injury to “one foot at the ankle,” but instead an injury to “the leg
16 between knee and the ankle.” Worker claims that it is logical, given the anatomy of
17 the ankle joint where the bones of the foot and the leg are connected, for the
18 Legislature to divide injuries to the “foot at the ankle” from injuries to “the leg
19 between knee and the ankle” at the “line” between the foot and leg bones. Under
20 Worker’s construction of Subsections (A)(31) and (A)(32), an injury to the lower
21 bones of the ankle joint, below the “line” Worker designates as the joint line, would
4 1 be treated as a scheduled injury to “one foot at the ankle,” compensated under
2 Subsection (A)(32), while an injury to the upper bones of the ankle joint, above
3 Worker’s designated “line,” would be treated as a scheduled injury to “one leg
4 between knee and ankle,” under Subsection (A)(31). Worker characterizes her
5 argument as a “plain-language reading of the scheduled injury section.”
6 {7} Employer contends in response that the phrase “at the ankle,” has always
7 meant the whole joint, pointing to medical literature. Employer also claims that the
8 plain language of Subsection (A)(32) supports its reading of the phrase “at the ankle”
9 to include all injuries to the ankle. According to Employer, if the Legislature
10 intended to exclude injuries to the upper part of the ankle from Subsection (A)(32),
11 the Legislature would have used the phrase injury “to the foot up to the ankle” in
12 Subsection (A)(32), rather than “to the foot at the ankle.”
13 {8} We are not persuaded by either party’s attempt to construe Subsection (A)(32)
14 by looking exclusively to what they each claim is the plain language of that
15 subsection. Nor are we persuaded by the parties’ competing analysis of the anatomy
16 of the ankle joint, with citations to on-line medical sources. We conclude the phrase
17 “[injury to] one foot at the ankle” is less than crystal clear when considered in
18 isolation, as both parties’ arguments encourage us to do. We do not agree with
19 Employer that we should assume the Legislature would have used different language
20 if it had intended Subsection (A)(32) to compensate only injuries to the foot up to,
5 1 but not including, the ankle. Although we might wish that the Legislature had used
2 other words to clarify its intent, we are charged with construing the language chosen
3 by the Legislature. See Perea v. Baca, 1980-NMSC-079, ¶ 22, 94 N.M. 624, 614
4 P.2d 541 (“A statute must be read and given effect as it is written by the Legislature,
5 not as the court may think it should be or would have been written if the Legislature
6 had envisaged all the problems and complications which might arise in the course of
7 its administration.” (internal quotation marks and citation omitted)).
8 {9} We also do not agree with Worker’s contention that we should assume that
9 the Legislature intended to designate the “line” between “the talus and the bones of
10 the foot” as the dividing line between the ankle and the leg simply because, on an
11 anatomical drawing of the ankle, it appears as an “efficient, consistent and logical
12 demarcation.” These arguments amount to little more than speculation about what
13 may have been the reasoning of the Legislature.
14 {10} Having determined that the language of Subsection (A)(32) is ambiguous, we
15 turn next to the language of Section 52-1-43, reading this section together as a
16 harmonious whole in order to determine the Legislature’s intent in using the words
17 “one foot at the ankle” in Subsection (A)(32). In the introduction to Subsection (A)’s
18 list of injuries to “specific body members,” the Legislature states its intent to list
19 injuries resulting in “the loss or loss of use” of each of the specific body members
20 listed. Subsection (B), which follows the list of forty-three specific body members,
6 1 describes the number of weeks listed next to each injury to a body member in
2 Subsection (A), as “applicable to [both] total loss or loss of use of that body member
3 or physical function,” and to “a partial loss of use of one of the body members.”
4 Subsection (B) provides that the amount of the weekly compensation will be
5 determined based on the percentage of loss of use: “[T]he worker shall receive
6 compensation computed on the basis of the degree of such partial loss of use.”
7 {11} The Legislature’s reliance on the percentage of loss of use or function of each
8 listed body member to calculate the amount of benefits for that injury strongly
9 suggests legislative intent to treat each listed body member as a functional unit.
10 When the Legislature intends to define a functional body unit so that impairment or
11 loss of use of that body unit can be measured, it makes no sense to treat an injury to
12 a joint by dividing that joint into two parts at an arbitrary anatomical line. The ankle,
13 as is true of the other joints listed in the schedule, is a unified mechanism which,
14 allows the foot to flex and move. Worker does not explain how the percentage of
15 loss of use of the ankle joint could be divided into two parts when, as is common, an
16 injury to the “foot at the ankle” involves both the ankle bones originating in the foot
17 and the ankle bones originating in the leg.
18 {12} Our Supreme Court has held that “where the language of the legislative act is
19 doubtful or an adherence to the literal use of words would lead to injustice, absurdity
20 or contradiction, the statute will be construed according to its obvious spirit or
7 1 reason.” State ex rel. Helman v. Gallegos, 1994-NMSC-023, ¶ 3, 117 N.M. 346, 871
2 P.2d 1352 (internal quotation marks and citation omitted). Separating an injury to a
3 single ankle into two injuries—one to the foot and the other to the leg as Worker
4 suggests—is not consistent with the obvious purpose of the scheduled injury section
5 and would lead to an absurd result.
6 B. The Precedent Relied on by Worker Does Not Resolve the Question of 7 Statutory Construction Before This Court
8 {13} Worker next argues that her construction of the phrase “at the ankle” has been
9 adopted by both our Supreme Court and this Court, suggesting that this question has
10 been resolved and that we are bound by this precedent. We do not agree. Worker
11 relies on a series of cases construing Subsection (A)(1) and (A)(4), which address
12 injuries to “one arm at or near shoulder” (dextrous or nondextrous member,
13 respectively), and Subsection (A)(29), which addresses injuries to “one leg at or
14 near hip joint.” (Emphases added.) See Hamilton v. Doty, 1962-NMSC-068, ¶ 5, 71
15 N.M. 422, 379 P.2d 69 (discussing an injury to the shoulder); Carter v. Mountain
16 Bell, 1986-NMCA-103, ¶ 33, 105 N.M. 17, 727 P.2d 956 (discussing an injury to
17 the shoulder); Nelson v. Nelson Chem. Corp., 1987-NMCA-024, ¶ 10, 105 N.M.
18 493, 734 P.2d 273 (discussing an injury to the hip joint). Based on this precedent
19 and subsequent precedent applying these cases to injuries to the shoulder or the hip,
20 Worker argues that the phrase “one foot at the ankle,” in Subsection (A)(32), should
21 be construed to exclude injuries to the ankle, just as the phrases “at or near shoulder”
8 1 and “at or near hip” have been construed in the cases Worker cites to exclude
2 injuries to the shoulder or hip joint. (Emphases added.)
3 {14} The decisions relied on by Worker, however, do not turn on the Legislature’s
4 description of a hip or shoulder injury as an injury to the arm “at the shoulder” or an
5 injury to the leg “at the hip.” They turn instead on the legislative purpose of the
6 schedule of injuries, and on the difference drawn by the Legislature in the WCA
7 between scheduled injuries and injuries to the whole body. See § 52-1-42
8 (distinguishing scheduled injuries from injuries to the body as a whole); see also
9 Baca, 2002-NMCA-002, ¶¶ 22-24 (distinguishing between a scheduled injury to a
10 worker’s knee and permanent partial disability from a shoulder injury). It is the
11 definition of a “body member,” and the distinction between an injury to a listed
12 “body member” and an injury to the main mass of the body, that informs the
13 decisions in Hamilton, Carter, and Nelson, the line of cases relied on by Worker,
14 and determines whether the injury will be compensated as a scheduled injury or
15 under the WCA’s provisions for permanent partial disability.
16 {15} Compensation under the schedule in Section 52-1-43(A) is limited to injuries
17 to “specific body members.” The term “body member” is not defined by the WCA.
18 See § 52-1-1.1 (“Definitions”). Under the rules of statutory construction, when a
19 statute does not define a term, “our courts often use dictionary definitions to
20 ascertain the ordinary meaning of words that form the basis of statutory construction
9 1 inquiries.” State v. Lindsey, 2017-NMCA-048, ¶ 14, 396 P.3d 199 (alteration,
2 internal quotation marks, and citation omitted). Webster’s Third New International
3 Dictionary, defines the word “member”, in relevant part, as “a part (as a limb) that
4 projects from the main mass of the body.” Member, Webster’s Third New Int’l
5 Dictionary (Unabridged ed. 2002).
6 {16} In Hamilton, our Supreme Court held that an injury to the shoulder was not
7 “limited to the arm, a scheduled member,” but “extended to other parts of the body,”
8 and, therefore, was not intended to be included on the list of scheduled injuries, but
9 was intended to be addressed under the WCA’s provisions for permanent partial
10 disability. 1962-NMSC-068, ¶ 6. Similarly, in Carter, this Court held that a shoulder
11 injury was a nonscheduled injury to the body as a whole. 1986-NMCA-103, ¶ 33
12 (concluding that the statutory language “at or near the shoulder,” “should be
13 construed to include only injuries to the arm itself and not injuries to the shoulder,”
14 because shoulder injuries are whole body injuries). In Nelson, this Court applied the
15 decisions in Hamilton and Carter to a hip injury. We explained that “Section 52-1-
16 43(A) states in unequivocal language that scheduled member benefits are paid for
17 ‘disability resulting from an accidental injury to specific members.’” Nelson, 1987-
18 NMCA-024, ¶ 10. We went on to explain that “[t]he hip is not a specific member.
19 Therefore, an injury to the hip is an injury to the body as a whole, even if it results
20 in pain, impairment, etc., to a member, i.e., the leg.” Id.
10 1 {17} Therefore, although we agree with Worker that Hamilton, Carter, and Nelson
2 hold that shoulder and hip injuries are not included as scheduled injuries, we do not
3 agree that this precedent supports reading the phrase, “at the ankle” as representing
4 legislative intent to exclude injuries to the “foot at the ankle” from Subsection
5 (A)(32). The Legislature’s purpose in excluding the shoulder and hip joints from its
6 list of scheduled “body members” is that they are part of the main body or trunk,
7 and, therefore, are not “body members,” i.e. limbs, or parts of limbs. The same
8 cannot be said for the ankle, which is plainly part of a limb and not part of the main
9 body.
10 {18} Finally, we note that the Workers’ Compensation Administration has not had
11 difficulty applying the “at [a joint]” language found in many of Subsection (A)’s list
12 of scheduled injuries. See, e.g., § 52-1-43(A)(5) (“one arm at elbow”); (A)(10) (“one
13 thumb at the proximal joint”; (A)(11) (“one thumb at the second distal joint”);
14 (A)(14) (“one first finger at the second joint”); (A)(3) (“one arm between wrist at
15 elbow”). Worker cites no examples (apart from injuries to the shoulder or the hip),
16 where a WCJ or this Court has treated an injury to a joint as anything other than an
17 injury “at” that joint. With the sole exception of the shoulder and hip injuries
18 previously addressed, the phrase “at [a joint]” has been construed uniformly by the
19 Workers’ Compensation Administration to include all injuries to that joint. See
20 Baca, 2002-NMCA-002, ¶ 4 (concluding an injury to the right knee resulting in a 20
11 1 percent loss of use of knee is a scheduled injury to one leg at or above the knee
2 entitling worker to 150 weeks of benefits under Subsection (A)(30)); Gomez v.
3 Bernalillo Cnty. Clerk’s Off., 1994-NMCA-102, ¶ 10, 118 N.M. 449, 882 P.2d 40
4 (concluding that an injury to an elbow, resulting in a 13 percent loss of use of one
5 arm at elbow, dextrous member is a scheduled injury entitling worker to 160 weeks
6 of benefits under Subsection (A)(2)). Thus, the longstanding construction of this
7 phrase by the agency administering the WCA also supports the decision of the WCJ.
8 See Pub. Serv. Co. of N.M. v. N.M. Tax’n & Revenue Dep’t, 2007-NMCA-050, ¶ 41,
9 141 N.M. 520, 157 P.3d 85 (providing that “courts will give persuasive weight to
10 long-standing administrative constructions of statutes by the agency charged with
11 administering them” (internal quotation marks and citation omitted)).
12 IV. Worker’s Remaining Arguments
13 {19} We understand Worker’s remaining arguments to depend upon our
14 concluding that Worker’s injury to her ankle should be classified on the schedule of
15 injuries to body members as an injury to “one leg between knee and ankle,” under
16 Subsection (A)(31). Having rejected Worker’s primary argument, we address her
17 remaining arguments summarily. Worker argues first that the evidence was
18 insufficient to support the WCJ’s finding that there was no injury to Worker’s leg
19 above the ankle. We disagree. Even if we assume Worker is challenging the
20 sufficiency of the evidence to show a compensable injury to the calf or thigh, apart
12 1 from the ankle injury discussed previously, Worker has not shown that the findings
2 of the WCJ are not supported by substantial evidence in the record. We note that the
3 WCJ found that there was no evidence in the record from a qualified health care
4 provider identifying any injury to Worker’s leg above the ankle. Worker does not
5 direct us to any medical evidence showing an injury to Worker’s leg. The absence
6 of medical evidence is sufficient to support the WCJ’s finding that Worker’s sole
7 injuries were to her foot and ankle.
8 {20} Worker also argues that the WCJ erred in not awarding her compensation for
9 two separate injuries: an injury to her foot at the heel, under Subsection (A)(32), and
10 an injury to her leg between the ankle and the knee, under Subsection (A)(31). Such
11 separate benefits awards would be justified only by a conclusion that, as a matter of
12 law, Worker’s injury to her heel and her injury to the bones in the upper part of her
13 ankle are injuries to two separately listed body members under Subsections (A)(32)
14 and (A)(31), respectively. Having rejected Worker’s construction of these
15 subsections, we do not consider this argument further.
16 CONCLUSION
17 {21} For the reasons stated, we affirm the decision of the WCJ.
18 {22} IT IS SO ORDERED.
19 _________________________________ 20 JANE B. YOHALEM, Judge
13 1 WE CONCUR:
2 _________________________________ 3 JACQUELINE R. MEDINA, Judge
4 _________________________________ 5 GERALD E. BACA, Judge