Jouett v. Tom Growney Equipment Co.

2004 NMCA 023, 85 P.3d 260, 135 N.M. 136
CourtNew Mexico Court of Appeals
DecidedDecember 16, 2003
DocketNo. 23,669
StatusPublished
Cited by1 cases

This text of 2004 NMCA 023 (Jouett v. Tom Growney Equipment 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
Jouett v. Tom Growney Equipment Co., 2004 NMCA 023, 85 P.3d 260, 135 N.M. 136 (N.M. Ct. App. 2003).

Opinion

OPINION

VIGIL, Judge.

{1} In this worker’s compensation ease, James Jouett (Worker) suffered an accidental injury to his shoulder. He received medical treatment and continued working, but with pain to the injured shoulder. Worker was then employed by subsequent employers, and the pain to his injured shoulder became progressively more painful, until he could no longer work. The Workers’ Compensation Judge (WCJ) denied medical and compensation benefits to Worker from Tom Growney Equipment Company (First Employer) on the ground that his work activity with the subsequent employers “materially aggravated Worker’s shoulder condition” which “constituted an independent intervening event” that relieved First Employer of any further responsibility. We reverse, holding that there was no independent intervening cause. We also hold that if appropriate, First Employer is entitled to seek contribution from the subsequent employers.

FACTS AND PROCEEDINGS

{2} Worker injured his left shoulder on January 19, 1999, while working for First Employer as a mechanic’s helper. The compensation order found that this injury was accidental, arose out of and in the course of Worker’s employment and that First Employer had legally sufficient notice. These findings are not challenged on appeal.

{3} The parties stipulated before trial that Worker saw Steven Hood, M.D. for the original shoulder injury in January 1999, and Dr. Hood had x-rays taken, which appeared normal. Dr. Hood diagnosed the problem as muscle strain. Worker did not lose any time from work for First Employer as a result of the original injury and continued working for First Employer until May 2000, when he left to take another job that paid more.

{4} From May 10-23, 2000, Worker worked for Patterson Drilling (Second Employer), a drilling company. On June 6, 2000, Worker went to work for Big Dog Drilling (Third Employer). There were short periods of time during which Worker was not employed by Third Employer. During one of these periods, Worker was employed by Key Drilling. However, with the exception of these short interruptions, Worker worked for Third Employer from June 6, 2000, until he stopped working on December 14, 2001.

{5} Frank P. Maldonado, M.D. was the only treating physician whose deposition was taken and admitted into evidence at the formal hearing. He first saw Worker on May 15, 2001. After he received the results of several diagnostic tests, the doctor tentatively diagnosed Worker as suffering from shoulder pain caused by a bone spur that was impinging on the space between the shoulder joint and the shoulder blade. In his opinion, to a reasonable medical probability, Worker never reached maximum medical improvement after the original injury of January 19, 1999. On May 31, 2001, Dr. Maldonado recommended that Worker see Dr. Victor Brown for an arthroscopic evaluation based on his diagnosis of painful left shoulder, cause unknown, attributable to the January 19, 1999, injury to a reasonable degree of medical probability. If the arthroscopic evaluation showed an impingement syndrome, it was to be corrected during the evaluation itself.

{6} First Employer’s insurer refused to pay for the arthroscopic evaluation or any further medical treatment, so Worker filed a claim against First Employer and its insurer. First Employer filed a response to Worker’s claim, disclaiming all responsibility for medical or compensation benefits and alleging that Second or Third Employer or both were wholly responsible. At the mediation conference, Worker and First Employer agreed that Worker would file an amended complaint naming Second and Third Employers and their respective insurers as additional respondents. An amended complaint was then filed. At the time of trial, Worker still had not had the arthroscopic evaluation.

{7} While this was happening, Worker continued to work, first for Third Employer and then for Key Drilling in July 2001, and then for Third Employer again. By Decernber 14, 2001, Worker’s shoulder had become so painful and weak that he could no longer do the heavy labor required at his job for Third Employer. Worker stopped working for Third Employer and he again amended his claim seeking temporary total disability benefits as well as medical treatment.

ISSUES ADDRESSED

{8} We address: (1) whether the WCJ erred as a matter of law in determining that the work activity with the subsequent employers constituted an independent intervening cause which relieved First Employer of all responsibility for benefits, and (2) whether First Employer may seek contribution from any subsequent employers for benefits paid to worker. In light of our disposition of these issues, we do not address the remaining issues on the merits.

1. First Employer Is Responsible for Worker’s Medical Expenses and Payments for Worker’s Temporary Total Disability

{9} Worker argues that the WCJ erroneously concluded as a matter of law that under Aragon v. State Corrections Department, 113 N.M. 176, 824 P.2d 316 (Ct. App.1991), Worker’s subsequent work activities with Second and Third Employer constituted an independent intervening cause, thereby relieving First Employer from a duty to provide benefits to Worker. First Employer argues that substantial evidence supports the determination. However, the question is not one of substantial evidence; it is whether the law was correctly applied to the facts. Thus, we review this issue de novo. Hise v. City of Albuquerque, 2003-NMCA-015, ¶ 8, 133 N.M. 133, 61 P.3d 842 (stating application of law to the facts is reviewed de novo on appeal); see also Torres v. El Paso Elec. Co., 1999-NMSC-029, ¶¶ 14, 21, 127 N.M. 729, 987 P.2d 386 (stating independent intervening cause a question of policy, foreseeability and remoteness and holding that no instruction on independent intervening cause to be given in cases involving multiple acts of negligence); Edens v. N.M. Health & Soc. Seros. Dep’t, 89 N.M. 60, 62, 547 P.2d 65, 67 (1976) (applying principle of de novo review to a determination of whether an accidental injury “arose out of and in the course of the employment”). We agree with Worker that the subsequent work activities with Second and Third Employers do not constitute an independent intervening cause under Aragon and reverse.

{10} After a worker is injured on the job, the employer is statutorily required to provide “in a timely manner reasonable and necessary health care services from a health care provider.” NMSA 1978, § 52-1-49(A) (1991). The statute requires those services to be provided “as long as medical or related treatment is reasonably necessary.” Id. This is true even if the worker is not entitled to compensation benefits because the accidental injury never becomes disabling or because the worker’s claim for compensation benefits is barred by the statute of limitations. See Nasci v. Frank Paxton Lumber Co., 69 N.M. 412, 415, 367 P.2d 913, 916 (1961); Barela v. Midcon of N.M. Inc., 109 N.M. 360, 365, 785 P.2d 271, 276 (Ct.App. 1989).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Tom Growney Equipment Co. v. Jouett
2005 NMSC 015 (New Mexico Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
2004 NMCA 023, 85 P.3d 260, 135 N.M. 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jouett-v-tom-growney-equipment-co-nmctapp-2003.