Yeager v. St. Vincent Hospital

1999 NMCA 020, 973 P.2d 850, 126 N.M. 598
CourtNew Mexico Court of Appeals
DecidedOctober 23, 1998
DocketNo. 18,191
StatusPublished
Cited by12 cases

This text of 1999 NMCA 020 (Yeager v. St. Vincent Hospital) 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
Yeager v. St. Vincent Hospital, 1999 NMCA 020, 973 P.2d 850, 126 N.M. 598 (N.M. Ct. App. 1998).

Opinion

OPINION

FLORES, Judge.

{1} St. Vincent Hospital (Employer) appeals a workers’ compensation order awarding benefits to Patricia Yeager (Worker) for 26 percent permanent partial disability. Employer raises three issues on appeal: (1) the Workers’ Compensation Judge (WCJ) erred in excluding the medical testimony of Dr. Tolber and Dr. Fisher, (2) the WCJ’s finding of permanent partial disability is not supported by substantial evidence, and (3) the WCJ erred by assigning an impairment rating herself. Because we reverse on Employer’s third issue, we need not address Employer’s first two points of error. We reverse and remand for entry of judgment in favor of Employer.

FACTUAL AND PROCEDURAL BACKGROUND

{2} Worker was an employee in Employer’s hospital laboratory when she was exposed to a strong chemical odor in the laboratory on March 26, 1995. This exposure caused tightness in her chest and throat, headache, difficulty breathing, coughing, and wheezing. On the day of the exposure, Worker was treated in the emergency room for her symptoms and was released. She attempted to return to work in the lab several times, but was unsuccessful each time because she reacted to chemical odors in the workplace.

{3} Prior to her exposure to chemicals, Worker had numerous respiratory problems, including asthma, bronchopulmonary aspergillosis, and allergies, but was physically active and participated in step aerobics. Since the exposure, Worker has not been able to participate in such activities and has had to take prednisone, a steroid used to treat certain allergic and inflammatory diseases, much more frequently than before the exposure. In addition, she has been unable to tolerate chemical fumes since the exposure.

{4} Worker filed a claim for permanent partial disability benefits based on her inability to work in Employer’s environment. During discovery, Employer’s insurance adjuster and risk manager engaged in ex parte communications with Dr. Tolber and Dr. Fisher, who had treated Worker after the chemical exposure. Ruling that Employer’s conversations went beyond the scope of Worker’s releases, the WCJ granted Worker’s Motion in Limine to exclude the depositions of these two doctors. Although the WCJ excluded the opinions of these experts, she did not exclude the results of the objective medical tests they performed. Thereafter, the WCJ appointed an independent medical examiner, Dr. Dinesman, to examine and diagnose Worker. Dr. Dinesman did so, concluding that Worker’s exposure to chemical odors caused her impairment. However, Dr. Dinesman refused to assign an impairment rating.

{5} In addition to Dr. Dinesman’s deposition testimony, Worker’s personal physician, Dr. Krohn, was deposed. The WCJ did not find Dr. Krohn’s testimony credible, and therefore disregarded the doctor’s testimony, with one exception: the WCJ accepted Dr. Krohn’s determination of Worker’s date of maximum medical improvement. After a hearing on the merits, the WCJ awarded Worker permanent partial disability benefits of 26 percent.

{6} As previously noted, Employer contends that: (1) the WCJ erred in excluding the testimony of two doctors, (2) there is insufficient evidence of causation to support the WCJ’s determination of permanent partial disability, and (3) the WCJ erred by assigning an impairment rating herself. On the other hand, Worker argues that this Court should dismiss Employer’s appeal because Employer failed to file requested findings of fact and conclusions of law, and because Employer did not follow the two-step process required by Martinez v. Southwest Landfills, Inc., 115 N.M. 181, 184-85, 848 P.2d 1108, 1111-12 (Ct.App.1993). We determine that Employer’s appeal is properly before this Court. We also determine that the WCJ erred by assigning an impairment rating in this case. Because we reverse on this issue, we need not address the remaining issues raised by Employer. See Crist v. Town of Gallup, 51 N.M. 286, 290, 183 P.2d 156, 158 (1947) (holding that appellate court need not address questions unnecessary for a decision), overruled on other grounds by Hoover v. City of Albuquerque, 58 N.M. 250, 252, 270 P.2d 386, 387 (1954).

DISCUSSION

{7} Initially, we discuss Worker’s argument that this Court is barred from considering this appeal. Worker urges us not to consider Employer’s appeal for two reasons. First, Worker argues that Employer effectively waived its right to appeal because it did not file requested findings of fact and conclusions of law. Second, Worker insists that Employer’s appeal is barred because Employer did not satisfy the two-step process required by Martinez. Id. We disagree with both arguments.

{8} Generally, “a party’s failure to request findings and conclusions on specific factors or issues it wishes to be considered results in the waiver of any argument it may wish to raise on appeal as to those issues.” Cordova v. Taos Ski Valley, Inc., 121 N.M. 258, 263, 910 P.2d 334, 339 (Ct.App.1995). “However, where the record is sufficiently clear to allow the appellate court to clearly understand which issues were raised and argued to the trial court, and not abandoned, the appellate court may address these issues on their merits.” Id. Here, the issues raised by Employer on appeal were obviously raised below and not abandoned. For example, Employer’s position on the exclusion of the doctors’ testimonies because of ex parte communications was clear to the court because Employer filed a response to Worker’s Motion in Limine. In addition, Employer’s Answer to Worker’s Complaint argued that there was no causal connection between Worker’s health problems and her exposure to a chemical odor. Finally, the WCJ’s findings of fact include a section outlining the issues and evidence presented. This section accurately depicts all of the issues that Employer raised below and includes each issue that Employer now raises on appeal. Thus, we conclude that the issues on appeal were raised by Employer below, and that Employer’s failure to request findings and conclusions does not bar review by this Court in this instance.

{9} Worker relies on Apodaca v. Payroll Express, Inc., 116 N.M. 816, 867 P.2d 1198 (Ct.App.1993), to argue that we should dismiss Employer’s sufficiency of the evidence claims because Employer did not satisfy the two-step process described in Martinez, 115 N.M. at 185, 848 P.2d at 1112. Worker fails to recognize that this Court may, in its discretion, review or reject an issue on appeal when the appellant has not followed the Martinez requirements. See Apodaca, 116 N.M. at 819, 867 P.2d at 1201 (“Under MaHinez, we may decline to review where a party challenging the evidence (1) fails to set forth the substance of all evidence bearing on the question, and (2) fails to demonstrate why the evidence under the whole record does not support the finding.”) (first emphasis added).

{10} Here, Worker argues that Employer has not provided this Court with all the relevant evidence bearing on the questions of causation and impairment.

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Bluebook (online)
1999 NMCA 020, 973 P.2d 850, 126 N.M. 598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yeager-v-st-vincent-hospital-nmctapp-1998.