AI Generated Opinion Summaries

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Facts

A worker sustained an injury during the course of employment and received partial temporary total disability (TTD) benefits for 35 weeks while returning to work before reaching maximum medical improvement (MMI). The dispute arose over how to calculate the reduction in the number of weeks of permanent partial disability (PPD) benefits due to the TTD benefits received. The employer argued for a week-for-week reduction, while the worker contended for a dollar-for-dollar reduction based on the TTD compensation rate (paras 2-3).

Procedural History

• Workers' Compensation Administration: The Workers' Compensation Judge (WCJ) granted summary judgment in favor of the employer, holding that the reduction in PPD benefits should be calculated on a week-for-week basis for each week of TTD benefits paid (para 3).

Parties' Submissions

• Worker (Appellant): Argued that the reduction in PPD benefits should be calculated on a dollar-for-dollar basis, allowing a week of credit only when the payments made equal the full TTD compensation rate. The worker claimed that a week-for-week reduction was inequitable and resulted in a substantial loss of benefits (paras 2-3, 9-10).
• Employer (Appellee): Contended that the plain language of the statute supported a week-for-week reduction in PPD benefits for each week of TTD benefits paid, regardless of whether the TTD benefits were partial or full. The employer argued that this interpretation aligned with the legislative intent of encouraging the rehiring of injured workers (paras 2-3, 7, 11).

Legal Issues

• Whether the reduction in the number of weeks of PPD benefits under NMSA 1978, § 52-1-42(B) should be calculated on a week-for-week basis for each week of TTD benefits paid, regardless of the percentage of TTD actually paid.

Disposition

• The Court of Appeals affirmed the Workers' Compensation Judge's decision, holding that the reduction in PPD benefits should be calculated on a week-for-week basis for each week of TTD benefits paid (para 13).

Reasons

Per Castillo J. (Pickard and Vigil JJ. concurring):

The court held that the plain language of NMSA 1978, § 52-1-42(B) clearly authorizes a reduction in PPD benefits by the "number of weeks" the worker actually received TTD benefits, regardless of whether the benefits were partial or full. The court emphasized that the statutory language was unambiguous and did not require a fundamental fairness analysis (paras 7, 11-12).

The court reasoned that the legislative intent of the Workers' Compensation Act is to encourage the rehiring of injured workers and reduce their reliance on compensation benefits. Allowing a week-for-week credit for TTD benefits paid aligns with this goal by incentivizing employers to rehire injured workers and providing compensation to workers who return to work at reduced wages (paras 7, 12).

The court rejected the worker's argument that the phrase "actually receives" in § 52-1-42(B) created ambiguity. It found that the weekly scheme of benefit payments under the Act supported the employer's interpretation. The court also noted that while a week-for-week reduction might result in a lower total benefit amount for the worker, this outcome was not fundamentally unfair given the Act's purpose and structure (paras 7, 11-12).