This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
A worker sustained injuries to her neck and shoulders while employed, leading to claims for workers' compensation benefits. The worker alleged permanent partial disability due to these injuries, which were argued to have caused a whole-body impairment. Medical evidence was presented, but there was a dispute over whether the injuries qualified as impairments to nonscheduled body parts under the applicable workers' compensation laws (paras 1, 5-7).
Procedural History
- Jurado v. Levi Strauss & Co., 1995: The Court of Appeals reversed a prior decision regarding the admissibility of medical testimony establishing a whole-body impairment rating and remanded the case for further proceedings (para 1).
Parties' Submissions
- Appellant (Employer): Argued that the worker failed to establish an impairment rating for nonscheduled body parts under the American Medical Association (AMA) guidelines and that the award of permanent partial disability benefits was unsupported by evidence. The employer also challenged the Workers' Compensation Judge's (WCJ) authority to require its attorney to file detailed fee information (paras 2, 8-9, 14-15).
- Appellee (Worker): Contended that the medical evidence supported a finding of whole-body impairment and permanent partial disability. The worker also argued that the WCJ had the authority to require the employer's attorney to provide detailed fee information to discourage excessive litigation (paras 7, 15-16).
Legal Issues
- Whether the worker established an impairment rating for nonscheduled body parts sufficient to support an award of permanent partial disability benefits.
- Whether the WCJ had the authority to require the employer's attorney to file a pleading detailing hours worked and fees charged.
- Whether the award of attorney fees to the worker should be reconsidered in light of the reversal of benefits (paras 2, 5, 14-15).
Disposition
- The award of permanent partial disability benefits was reversed.
- The award of attorney fees to the worker was reversed and remanded for reconsideration.
- The order requiring the employer's attorney to file a pleading evidencing hours worked and fees charged was affirmed (para 2).
Reasons
Per Alarid J. (Apodaca C.J. and Bosson J. concurring):
The Court found that the worker failed to establish an impairment rating for nonscheduled body parts under the AMA guidelines, as required by the Workers' Compensation Act. The medical evidence presented, including testimony from Dr. Jakins and Dr. Allegretto, did not provide an impairment rating for the worker's neck or shoulders. The only impairment rating provided was for scheduled injuries to the worker's thumbs, which limited the worker to benefits under the scheduled injury section (paras 7-11).
The Court affirmed the WCJ's authority to require the employer's attorney to file detailed fee information, reasoning that this authority was implicit under the legislative policy to discourage excessive litigation in workers' compensation cases. The WCJ's order was deemed a reasonable method to achieve this policy goal (paras 16-17).
The award of attorney fees to the worker was reversed and remanded for reconsideration, as the reversal of benefits necessitated a reevaluation of the fees awarded (para 13). The Court emphasized that the worker could still petition for an independent medical examination to establish an impairment rating for her neck and shoulder conditions and seek a modification of benefits if warranted (para 12).