Rodriguez v. McAnally Enterprises

871 P.2d 14, 117 N.M. 250
CourtNew Mexico Court of Appeals
DecidedFebruary 7, 1994
Docket14226
StatusPublished
Cited by8 cases

This text of 871 P.2d 14 (Rodriguez v. McAnally Enterprises) 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
Rodriguez v. McAnally Enterprises, 871 P.2d 14, 117 N.M. 250 (N.M. Ct. App. 1994).

Opinion

OPINION

CHAVEZ, Judge.

Fireman’s Fund Insurance Companies (Fireman’s Fund) appeals and Worker cross-appeals from the Workers’ Compensation Judge’s (WCJ) compensation order. This case involves the consolidation of two claims for injuries suffered by Worker on April 11, 1989, (first accident) and on June 25, 1990, (second accident) while working at McAnally Enterprises (Employer) as a chicken farm laborer. Fireman’s Fund insured Employer for the first accident, and Legion Insurance Company (Legion) insured Employer for the second accident.

The first accident occurred when Worker slipped and landed in a pit where chicken waste was collected. As a result of this accident, Worker fractured his tenth rib and suffered low back and elbow pain. In August 1989, Worker returned to work for Employer. Approximately ten months later, the second accident occurred when Worker again slipped, this time injuring his left wrist.

In July 1991, Worker was released back to work and was offered either the same position he had prior to the accidents or a position cleaning the light bulbs in the chicken houses. Worker never contacted Employer about the job offers and was eventually terminated. At trial, the WCJ found that Worker: (1) was able to return to his employment in some aspects and would not need vocational rehabilitation; (2) was offered jobs within his restrictions, but he did not accept them; (3) refused to even attempt to perform the jobs which were offered to him and which he was capable of performing; (4) was totally temporarily disabled from June 25, 1990, to July 17, 1991, as a result of the first accident; and (5) was 40% permanently partially disabled as a result of the first accident.

On appeal, Fireman’s Fund asserts that the WCJ erred by finding that: (1) it was liable for temporary total disability benefits from June 25, 1990, to July 17,1991; and (2) the compensation award for the first accident was not limited to the scheduled injury to the elbow. Unpersuaded by the arguments made by Fireman’s Fund, we affirm the compensation order in its entirety. Worker’s cross-appeal contends that the WCJ erred in not finding him totally disabled. Our motions panel previously dismissed Worker’s cross-appeal, and we here explain our reasons for doing so.

WORKER’S CROSS-APPEAL

Worker asserts that his cross-appeal was timely and raises the following issue of first impression: Whether SCRA 1986, 12-601 (Repl.1992), provides that the Rules of Appellate Procedure governing appeals from the district court do not commence to apply until after the filing of the docketing statement by the appellant in an administrative appeal. We hold that it does not.

SCRA 12-601 (B) states,

Initiating the Appeal. Direct appeals from orders, decisions or actions of boards, commissions, administrative agencies or officials shall be taken by filing a notice of appeal or complaint on appeal with the appellate court clerk, together with the docket fee and proof of service thereof on the agency involved and all parties in accordance with Rule 12-307 within thirty (30) days from the date of the order, decision or action appealed from. Thereafter, within thirty (30) days of the filing of the notice of appeal or complaint on appeal, the appellant shall file a docketing statement in accordance with Rule 12-208 and the appeal shall thereafter proceed in accordance with these rules, notwithstanding any provision of law to the contrary. (Emphasis added.)

Worker interprets the “shall thereafter proceed” language to mean that the appellate rules do not commence to apply until after appellant has filed a docketing statement. Thus, since Worker filed his notice of appeal before the filing of any docketing statement, Worker argues that his appeal was timely.

We disagree with Worker’s interpretation. Nothing in SCRA 12-601 explicitly authorizes a party to file cross-appeals later than the ten days as specifically outlined in SCRA 1986, 12-201(A) (Repl.1992). To interpret the rule as Worker argues would be to assume that the Supreme Court adopted a rule inconsistent with a rule directly on point. We will not do so, because such a holding would lead to an inconsistent and absurd result. See Gonzales v. Lovington Pub. Sch., 109 N.M. 365, 370, 785 P.2d 276, 281 (Ct.App.1989), cert. denied, 109 N.M. 262, 784 P.2d 1005 (1990); see also State v. Eden, 108 N.M. 737, 741, 779 P.2d 114, 118 (Ct.App.) (same canons of construction applied to rules of procedure as those applied to statutes), cert. denied, 108 N.M. 681, 777 P.2d 1325 (1989). As such, we consider Rule 12-201(A), which specifically governs cross-appeals, as controlling.

In this ease, it appears that Worker tried to proceed in accordance with SCRA 12-201(A) in that he filed a separate notice of cross-appeal and then filed a docketing statement within thirty days of it, rather than filing a docketing statement within thirty days of the original notice of appeal. However, Worker made the procedural error of filing his notice of appeal more than ten days from the date Employer filed its notice of appeal. Thus, Worker’s appeal was untimely as provided by SCRA 12-201(A) and was appropriately dismissed.

Worker also argues that NMSA 1978, Section 39-3-8 (Repl.Pamp.1991), allowing fifteen days to file a cross-appeal, governs. However, since rules of appellate procedure govern over statutes which are inconsistent, SCRA 12-201(A) controls in this situation. See American Auto. Ass’n v. State Corp. Comm’n, 102 N.M. 527, 528, 697 P.2d 946, 947 (1985) (a rule adopted by the Supreme Court governs over an inconsistent statute). Consequently, Worker’s arguments fail, and we dismiss his cross-appeal.

FIREMAN’S FUND’S CLAIMS

Fireman’s Fund is not taking the position that the WCJ erred in applying the law. Therefore, we review whether there was sufficient evidence to support the WCJ’s result. When reviewing the sufficiency of evidence, we account for the whole record, including what fairly detracts from the result the fact finder reached. See Herman v. Miners’ Hosp., 111 N.M. 550, 552, 807 P.2d 734, 736 (1991). We defer to the fact finder’s resolution of conflicts in the evidence and indulge all inferences in favor of the findings. Id. After doing so, we affirm if there is such evidence in the whole record that a reasonable mind would accept as adequate support for a finding. Id. In other words, if we can conscientiously say the evidence supporting a finding is substantial, we will not set it aside. See Tallman v. ABF (Arkansas Best Freight), 108 N.M. 124, 129, 767 P.2d 363, 368 (Ct.App.), cert. denied, 109 N.M. 33, 781 P.2d 305 (1988).

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Cite This Page — Counsel Stack

Bluebook (online)
871 P.2d 14, 117 N.M. 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-mcanally-enterprises-nmctapp-1994.