Yates v. Phelps Dodge Corp.

879 P.2d 799, 118 N.M. 167
CourtNew Mexico Court of Appeals
DecidedJune 29, 1994
DocketNo. 14981
StatusPublished

This text of 879 P.2d 799 (Yates v. Phelps Dodge 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
Yates v. Phelps Dodge Corp., 879 P.2d 799, 118 N.M. 167 (N.M. Ct. App. 1994).

Opinion

OPINION

APODACA, Judge.

On the Court’s own motion, the original opinion filed on May 24, 1994, is withdrawn, and the following opinion is filed in its place.

Appellant (Employer) appeals the decision of the workers’ compensation judge (judge) denying Employer’s motion requesting credit for benefits Employer is paying to Appellee (Worker) as a result of a previous accident suffered by Worker in Arizona. The issue raised on appeal is whether Employer was entitled to a credit pursuant to NMSA 1978, Section 52-1 — 47 (Repl.Pamp.1991) (effective until January 1, 1991), for benefits paid under Arizona’s workers’ compensation law where New Mexico could not have asserted jurisdiction over that accident. Because we determine that New Mexico could not assert jurisdiction over an accident and resulting benefits that were governed by the laws of another jurisdiction, we hold that the judge properly denied allowance of credit for those benefits. We thus affirm.

FACTS

Worker was employed by Employer in Arizona when he suffered a work-related injury to his lower back in Arizona in 1968. As a result of that injury, he has been receiving workers’ compensation benefits awarded under the laws of Arizona in the amount of $322.99 per month. Worker later began working for Employer in New Mexico where, in 1989, he suffered a work-related injury to his neck and wrist. He has been receiving $283.70 per week in workers’ compensation benefits for this separate disability. The Arizona and New Mexico benefits are being paid concurrently.

Employer applied to the Workers’ Compensation Administration requesting an order for reduction, termination, or determination of the benefits it owed Worker. Employer also filed a motion for summary judgment, arguing it was entitled to a credit for the approximately $15,000 in benefits it had paid to Worker for the Arizona accident against the benefits it was paying Worker for the New Mexico accident. In response, Worker filed a cross-motion for summary judgment, contending that Employer was not entitled to the credit. The judge determined that Employer was not entitled to the credit, thus denying Employer’s motion and granting Worker’s motion for summary judgment.

DISCUSSION

Employer’s argument focuses on Section 52-1 — 47, which states in part:

A. compensation benefits for any combination of disabilities or any combination of disabilities and death shall not be payable for a period in excess of seven hundred weeks;
B. compensation benefits for any combination of disabilities or any combination of disabilities and death shall not exceed an amount equal to seven hundred multiplied by the maximum weekly compensation payable at the time of the accidental injury resulting in the disability or death... .•

Employer contends that the “clear and unambiguous” language of these subsections requires that the seven-hundred-week limitation applies to the Arizona award so that Employer should be credited with the sums it has paid Worker under the laws of Arizona. We disagree.

Employer’s argument is that Section 52-1-47(A) and (B) establishes one set of conditions under which an employer may claim a credit for benefits previously paid an injured worker, while Section 52-1 — 47(D) establishes another set of conditions under which a credit may be claimed. The parties agree that Section 52-1-47(D) does not apply to the facts of this case because Worker’s two injuries were to different members or functions. Employer claims that its proposed approach is consistent with Gonzales v. Stanke-Brown & Associates, 98 N.M. 379, 648 P.2d 1192 (Ct.App.1982), and Munoz v. Deming Truck Terminal, 110 N.M. 537, 797 P.2d 987 (Ct.App.1990). In our opinion, Gonzales and Munoz do not control the result of this case.

Gonzales concerned the apportionment of liability between two insurance companies under Section 52-1 — 47(D) where a worker suffered successive injuries to his back while working for one employer. Gonzales, 98 N.M. at 386-87, 648 P.2d at 1199-200. This Court stated that:

Liability for disability resulting from the second accidental injury is reduced to the extent of benefits paid or payable for disability resulting from the first accidental injury if the requirements of § 52-1 — 47(D) are met. Even if these requirements are not met, the limitations in § 52-1 — 47(A) and (B) apply.

Id. at 386, 648 P.2d at 1199. Similarly, in Munoz, which also involved a worker who suffered successive injuries while working for the same employer, we stated that “[Employer and Insurer] also note that under Section 52-1-47(A) and (B) no combination of disabilities can exceed the statutory compensation period.” Munoz, 110 N.M. at 539, 797 P.2d at 989. However, in both cases, the statements regarding the effects of Section 52-1-47(A) and (B) were dicta. Gonzales stated that “[t]here is no issue in this case as to the application of § 52-1 — 47(A) and (B).” Gonzales, 98 N.M. at 386-87, 648 P.2d at 1199-200; see also Munoz, 110 N.M. at 539, 797 P.2d at 989 (stating that this Court need not consider whether Section 52-1-47(A) and (B) applied because employer and insuror neither made a legal argument nor pointed to evidence entitling them to an offset under those provisions). Gonzales and Munoz were concerned solely with the application of Section 52-1-47(D) to the facts of those cases and therefore do not govern the outcome of this appeal.

Under Employer’s interpretation, the effect of Section 52-1 — 47(A) and (B) would be to limit any worker’s receipt of workers’ compensation benefits to a lifetime maximum, regardless of how unrelated the disabilities were. The language of Section 52-1 — 47(A) and (B) does not unambiguously purport to establish such a lifetime limitation, nor do we know of any case law establishing such an interpretation. However, as in Munoz and Gonzales, the interpretation of Section 52-1-47(A) and (B) need not be determined at this time because we hold that, even if the limitations contained in those subsections apply in the manner Employer contends, they do not apply to benefits received under the laws of another state.

Employer points out that Section 52-1-47 does not state it does not apply to compensation benefits a worker is receiving under the laws of another state. However, neither does the statute state it applies only to benefits paid under New Mexico workers’ compensation law. Therefore, we cannot accept Employer’s contention that legislative silence on this point means the legislature intended Section 52-1-47(A) and (B) to allow Employer an offset under the facts of this appeal. It is well established in New Mexico that courts will not add language to a statute unless it is necessary to prevent absurdity or to achieve the obvious intent of the legislature. Dona Ana Sav. & Loan Ass’n v. Dofflemeyer, 115 N.M. 590, 594, 855 P.2d 1054, 1058 (1998). Employer’s interpretation would require the addition of such language.

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Related

Dona Ana Savings & Loan Ass'n v. Dofflemeyer
855 P.2d 1054 (New Mexico Supreme Court, 1993)
Webb v. Arizona Public Service Co.
624 P.2d 545 (New Mexico Court of Appeals, 1981)
Gonzales v. Stanke-Brown & Associates, Inc.
648 P.2d 1192 (New Mexico Court of Appeals, 1982)
Smith v. City of Albuquerque
729 P.2d 1379 (New Mexico Court of Appeals, 1986)
Orcutt v. S & L Paint Contractors, Ltd.
791 P.2d 71 (New Mexico Court of Appeals, 1990)
Montney v. State Ex Rel. State Highway Department
772 P.2d 360 (New Mexico Court of Appeals, 1989)
Mavroulias v. Mugiana
39 A.2d 263 (Superior Court of Pennsylvania, 1944)
Orcutt v. S & L Paint Contractors, Ltd.
791 P.2d 71 (New Mexico Court of Appeals, 1990)
Munoz v. Deming Truck Terminal
797 P.2d 987 (New Mexico Court of Appeals, 1990)

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Bluebook (online)
879 P.2d 799, 118 N.M. 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yates-v-phelps-dodge-corp-nmctapp-1994.