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 chemist employed at Los Alamos National Laboratory was exposed to chemical fumes at work in 1985, leading to adverse health effects, including faintness and facial pain. She was diagnosed with trigeminal neuralgia, allegedly caused by chemical exposure, and later treated for multiple chemical sensitivities. Despite accommodations, her symptoms persisted, and she was ultimately terminated in 1988 due to her inability to work (paras 2-3).
Procedural History
- Workers' Compensation Administration: Awarded the claimant 50% permanent partial disability benefits and $30,000 in attorney fees.
Parties' Submissions
- Employer (Appellant/Cross-Appellee): Argued that the claimant's disability was not causally related to her workplace injury, challenged the sufficiency of evidence supporting the 50% disability determination, objected to the admissibility of certain medical testimony, and contested the attorney fee award as excessive (paras 1, 5, 9, 21).
- Claimant (Appellee/Cross-Appellant): Contended she was totally permanently disabled, opposed the employer's setoff for previously paid benefits, and argued for vocational rehabilitation benefits (paras 1, 17, 19).
Legal Issues
- Was the claimant's disability causally related to her workplace injury?
- Was the determination of 50% permanent partial disability supported by substantial evidence?
- Was the testimony of Drs. Krohn and Johnson admissible?
- Was the employer entitled to a setoff for benefits already paid?
- Was the claimant entitled to vocational rehabilitation benefits?
- Was the attorney fee award excessive?
Disposition
- The setoff for benefits already paid was reversed.
- The remainder of the disposition order, including the 50% permanent partial disability award and attorney fees, was affirmed.
- The case was remanded for removal of the setoff finding and entry of a new order (paras 23-24).
Reasons
Per Alarid CJ (Apodaca and Chavez JJ. concurring):
Causation and Medical Testimony: The court found sufficient evidence to support the causal link between the claimant's trigeminal neuralgia and workplace chemical exposure. The testimony of Drs. Krohn and Johnson was properly admitted, as they were qualified physicians, and their opinions assisted the trier of fact. The judge was entitled to accept parts of their testimony while rejecting the diagnosis of multiple chemical sensitivities (paras 5-13).
Disability Determination: The evidence supported the finding of 50% permanent partial disability. While the claimant could not work as a chemist, other suitable jobs were available to her. The judge's rejection of total disability was consistent with the evidence (paras 14-17).
Setoff for Benefits Paid: The court reversed the setoff for benefits already paid, finding it unsupported by evidence and inconsistent with the judge's finding of partial disability from May 1988 (para 18).
Vocational Rehabilitation: The claimant was not entitled to vocational rehabilitation benefits, as there were other suitable jobs for which she was already qualified or trained (paras 19-20).
Attorney Fees: The $30,000 attorney fee award was upheld. The court found sufficient evidentiary support, considering the complexity of the case, the hours expended, and the statutory factors. The percentage of the award relative to the benefits was not determinative (paras 21-22).
The court also awarded the claimant $3,000 in attorney fees for the appeal (para 24).