Lopez v. Smith's Management Corp.

744 P.2d 544, 106 N.M. 416
CourtNew Mexico Court of Appeals
DecidedOctober 15, 1987
Docket8449
StatusPublished
Cited by9 cases

This text of 744 P.2d 544 (Lopez v. Smith's Management 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
Lopez v. Smith's Management Corp., 744 P.2d 544, 106 N.M. 416 (N.M. Ct. App. 1987).

Opinions

OPINION

GARCIA, Judge.

Prior to his employment with defendant, plaintiff had a latent disorder, schizophrenia. The trial court found that this condition was exacerbated by job stress, causing plaintiff’s schizophrenia to become patent and disabling. The court determined that plaintiff suffered an accidental injury to his mind and awarded maximum compensation benefits, vocational rehabilitation and both pre- and post-judgment interest. Defendant takes a timely appeal from the court’s judgment.

ISSUES

While six issues were raised in defendant’s docketing statement, they can be combined into four categories: (1) whether plaintiff suffered a disabling and compensable accidental injury which arose out of and in the course of his employment; (2) whether substantial evidence supports the trial court’s decision; (3) whether the trial court erred in awarding interest on the judgment; and (4) whether plaintiff was entitled to vocational rehabilitation benefits.

ISSUE I

At the time this appeal was filed, New Mexico appellate courts had yet to determine whether a mental injury caused by a mental stimulus was compensable under the Workmen’s Compensation Act, NMSA 1978, Sections 52-1-1 to -69 (Orig. Pamp. & Cum.Supp.1985). While this appeal was pending, however, this court issued its opinion in Candelaria v. General Electric Co., 105 N.M. 167, 730 P.2d 470 (Ct.App.1986), cert. quashed, 105 N.M. 111, 729 P.2d 1365 (1986), and that case is dis-positive of this issue. In Candelaria, we stated:

If both physical trauma leading to psychological disability, and emotional stress, leading to physical disability are compensable, it follows that emotional stress leading to psychological disability comes within the Act. We hold that a psychological disability caused by stress arising out of and in the course of employment is compensable.

Id. at 171, 730 P.2d at 474.

We also determined that “psychological injury resulting from a sudden or gradual emotional stimulus ‘arises out of’ employment when it is causally related to the performance of job duties.” Id. at 174, 730 P.2d at 477. Thus, with psychological disability compensation claims, a plaintiff has the same burden of proof that he would have with any sudden or gradual physical disability claim. No additional proof requirements exist. The fact that plaintiff had a predisposition to a mental injury does not serve to void his entitlement to workmen’s compensation benefits. Candelaria. New Mexico courts now recognize that psychological disability, caused by job-related emotional stress, is compensable under the Workmen’s Compensation Act. We affirm the trial court on this issue.

ISSUE II

We utilize the substantial evidence test to determine whether the evidence supports the court’s findings and judgment. The tenets of the rule are threefold: (1) that substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion; (2) that on appeal, all disputed facts are resolved in favor of the successful party, with all reasonable inferences indulged in support of the verdict, and all evidence and inferences to the contrary discarded; and (3)that although contrary evidence is presented which may have supported a different verdict, the appellate court will not weigh the evidence or foreclose a finding of substantial evidence. State v. Martinez, 95 N.M. 445, 623 P.2d 565 (1981); McCauley v. Ray, 80 N.M. 171, 453 P.2d 192 (1968); Tapia v. Panhandle Steel Erectors Co., 78 N.M. 86, 428 P.2d 625 (1967); State v. Lujan, 103 N.M. 667, 712 P.2d 13 (Ct.App.1985).

Defendant challenges the court’s finding that an accidental injury occurred on September 27,1982, because on that date plaintiff did not tell Dr. Feierman about any work-related problems. Rather, plaintiff complained of marital troubles.

Plaintiff’s own testimony, together with the Vista Sandia discharge summaries, particularly the summary of November 11, 1982, supports the court’s finding that an accidental injury occurred on September 27th. We recognize that there are conflicts in the evidence and that there was evidence from which the trial court could have determined that plaintiff’s disability arose from non-job related factors. This court, however, will not weigh conflicts in the evidence nor will it substitute its judgment for that of the trial court. Salazar v. City of Santa Fe, 102 N.M. 172, 692 P.2d 1321 (Ct.App.1983). The court’s finding that an accidental injury occurred on September 27,1982 is supported by substantial evidence.

Defendant’s challenge to the sufficiency of the evidence as to causation is similarly disposed of by this court. Defendant claims that plaintiff failed to meet his burden of establishing, to a medical probability, that plaintiff's disability was the natural and direct result of plaintiff’s injury. See § 52-l-28(B); Perea v. Gorby, 94 N.M. 325, 610 P.2d 212 (Ct.App.1980). The record, however, supports the court’s findings and conclusions on this issue.

Plaintiff produced an expert medical witness who testified as to the causal relationship between plaintiff’s disability and his employment. Dr. Feierman testified that “based upon a reasonable amount of medical certainty * * * the stress that [plaintiff] was experiencing on the job probably was an important non-genetic factor that caused Robert to develop the full-blown illness at the time that he did.” Two of the discharge summaries produced by Dr. Feierman identify the job stress as probable contributors to the latent development of plaintiff’s underlying schizophrenia.

Defendant seeks to impose an additional burden on plaintiff in a psychological injury case: that of establishing that other life stresses played no part in plaintiff’s disability. The statute does not require the exclusion of all other possible factors. Rather, it requires that a “causal connection” be established to a reasonable medical probability. § 52-l-28(B). Dr. Feierman’s testimony is sufficient to establish the requisite connection. See, e.g., Crane v. San Juan County, 100 N.M. 600, 673 P.2d 1333 (Ct.App.1983).

While there are conflicts in Dr. Feierman’s testimony, it is for the trier of fact to reconcile the inconsistent or contradictory statements of witnesses. Tapia v. Panhandle Steel Erectors Co. This rule is equally applicable to conflicts within the testimony of a single witness. Hughes v. Walker, 78 N.M. 63, 428 P.2d 37 (1967); see also Romero v. H.A. Lott, Inc., 70 N.M. 40, 369 P.2d 777 (1962); Alvillar v. Hatfield, 82 N.M.

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Bluebook (online)
744 P.2d 544, 106 N.M. 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-v-smiths-management-corp-nmctapp-1987.