Riesenecker v. Arkansas Best Freight System

798 P.2d 1040, 110 N.M. 654
CourtNew Mexico Court of Appeals
DecidedMay 17, 1990
Docket11342
StatusPublished
Cited by5 cases

This text of 798 P.2d 1040 (Riesenecker v. Arkansas Best Freight System) 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
Riesenecker v. Arkansas Best Freight System, 798 P.2d 1040, 110 N.M. 654 (N.M. Ct. App. 1990).

Opinions

OPINION

HARTZ, Judge.

Respondent Arkansas Best Freight Systems (employer) appeals from a judgment granting claimant Cora Riesenecker (worker) a lump-sum settlement under the Workmen’s Compensation Act, NMSA 1978, Section 52-1-30 (Orig.Pamp.) (replaced by NMSA 1978, Section 52-5-12 (Repl.Pamp. 1987)). We reverse.

Worker is 55 years old. She has worked all of her adult life and has been economically self-sufficient since 1973. During most of her career she worked as a long-haul truck owner and driver. Employer has not challenged on appeal the hearing officer’s determination that she was rendered totally permanently disabled by a 1985 accident in the course of her employment with employer. She has no significant source of income other than workers’ compensation periodic benefit payments, which expire in 1996.

THE APPLICABLE LAW

Because this is an appeal from an administrative agency proceeding, we apply whole-record review. See Tallman v. ABF (Arkansas Best Freight), 108 N.M. 124, 767 P.2d 363 (Ct.App.1988). We consider all the evidence bearing on the decision, favorable and unfavorable, to determine whether there is substantial evidence supporting the result. See id.

Determining whether evidence is sufficient to support a judgment first requires resolving what must be proved — what are the elements of the claim. Thus, we begin with a discussion of the circumstances in which a worker is entitled to a lump sum. The pertinent statutory language is:

If, upon petition of any party in interest, the court, after hearing, determines in cases of total permanent disability that it is in the interest of the rehabilitation of the injured workman or in case of death that it is for the best interests of the persons entitled to compensation, * * * the liability of the employer for compensation may be discharged by the payment of a lump sum * * *. [Emphasis added.]

§ 52-l-30(B).

One possible interpretation of the statutory requirement that a lump-sum benefit be “in the interest of the rehabilitation of the injured workman” is that such a payment should be awarded to a worker requesting it if it may be used to assist in the worker’s rehabilitation, regardless of any other factors. (The precise meaning of “rehabilitation” is unnecessary to our result.) That may have been the view of the hearing officer in this case, whose judgment states, “It is in Claimant’s rehabilitative best interest to award a lump sum award payment pursuant to Section 52-1-30, NMSA (1978) inasmuch as Claimant has no other means with which to establish a business which will support her after the cessation of periodic] workers’ compensation benefits.”

That interpretation, however, fails to give adequate consideration to the underlying purposes of the Workers’ Compensation Act. As the New Mexico Supreme Court wrote recently:

The Worker’s [sic] Compensation Act expresses the intention and policy of this state that employees who suffer disablement as a result of injuries causally connected to their work shall not become dependent upon the welfare programs of the state, but shall receive some portion of the wages they would have earned, had it not been for the intervening disability. [Emphasis added.]

Martinez v. Darby Constr. Co., 109 N.M. 146, 148, 782 P.2d 904, 906 (1989). If that policy is properly taken into account, a lump-sum payment should not be awarded, despite the possibility that it may assist in the rehabilitation of the worker, when such a payment would create an undue risk that the worker will end up on the welfare rolls well before the periodic payments would have terminated.

Our appellate decisions interpreting the pertinent language of Section 52-1-30 — “in the interest of the rehabilitation of the injured workman” — have adopted that view. Before discussing those opinions, we note that most reported opinions concerning the appropriateness of lump-sum benefits have not construed the above-quoted language. Prior to the 1975 amendment to the Workers’ Compensation Act, the same statutory standard governed payments of lump sums to injured workers and such payments to the beneficiaries of deceased workers: a lump-sum was authorized if the court determined “in cases of total permanent disability or death that it is for the best interests of the parties entitled to compensation * * NMSA ' 1953, § 59-10-13.5(B) (2d Repl.Vol. 9, pt. 1). The 1975 amendment retained the best-interests test for beneficiaries of a deceased worker, while adopting the rehabilitation-interest standard for an injured worker. Thus, post-1975 cases regarding lump-sum payments to beneficiaries, although supporting the result here, are not directly in point.

Three opinions, however, construe the statutory language at issue in the present case. All note the importance of not granting a lump-sum benefit if it creates a risk that the worker will need to rely on welfare during the time that periodic disability payments would otherwise be available. Upholding the district court’s denial of a lump-sum payment to a worker, Judge Sutin wrote in Lane v. Levi Strauss & Co., 92 N.M. 504, 507, 590 P.2d 652, 655 (Ct.App.1979), “ ‘[T]he purpose of the workmen’s compensation law is to prevent one in petitioner’s position and his dependents from becoming public charges during the period of disability.’ ” (Quoting Prigosin v. Industrial Comm’n, 113 Ariz. 87, 89, 546 P.2d 823, 825 (1976).)

Shortly thereafter, in Lamont v. New Mexico Military Institute, 92 N.M. 804, 808-09, 595 P.2d 774, 778-79 (Ct.App.1979), another decision affirming denial of a lump-sum benefit to a worker, Judge Lopez wrote:

[W]e conclude that the principles governing the payment of lump sum awards under the old statute are still relevant to payment under the amended statute.
Major consideration should be given to the following principle stated in 3 A. Larson, Workmen’s Compensation Law, § 82.71 (1976):
Since compensation is a segment of a total income-insurance system, it ordinarily does its share of the job only if it can be depended on to supply periodic income benefits replacing a portion of lost earnings. If a partially or totally disabled worker gives up these reliable periodic payments in exchange for a large sum of cash immediately in hand, experience has shown that in many cases the lump sum is soon dissipated and the workman is right back where he would have been if workmen’s compensation had never existed. One reason for the persistence of this problem is that practically everyone associated with the system has an incentive — at least a highly visible short-term incentive — to resort to lump-summing * * *

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Riesenecker v. Arkansas Best Freight Systems
796 P.2d 1147 (New Mexico Court of Appeals, 1990)
Riesenecker v. Arkansas Best Freight System
798 P.2d 1040 (New Mexico Court of Appeals, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
798 P.2d 1040, 110 N.M. 654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riesenecker-v-arkansas-best-freight-system-nmctapp-1990.