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Meyers v. Western Auto6/6/2002
-030, 16, 124 N.M. 655, 954 P.2d 87 (same). The appropriate calculation of benefits under Section 52-1-28.1(B) is an issue of first impression. When the wording of a statute is clear and unambiguous, we will give effect to the wording of the statute. See Storey v. Univ. of N.M. Hosp./BCMC, 105 N.M. 205, 207, 730 P.2d 1187, 1189 (1986) ("An unambiguous statute should be given effect according to its clear language."). We interpret statutes to give effect to all parts of the statute as a harmonious whole. Montoya v. Mentor Corp., 1996-NMCA-067, 19, 122 N.M. 2, 919 P.2d 410; Sec. Escrow Corp. v. N.M. Taxation & Revenue Dep't, 107 N.M. 540, 543, 760 P.2d 1306, 1309 (Ct. App. 1988). We recognize, however, that review of the language of a statute is merely a starting point for interpreting its meaning and effect. See Gutierrez v. City of Albuquerque, 1998-NMSC-027, 23, n.8, 125 N.M. 643, 964 P.2d 807 (cautioning against application of the plain meaning rule to the Act); Chavez v. Mountain States Constructors, 1996-NMSC-070, 25, 122 N.M. 579, 929 P.2d 971 (noting imprecision of the Act). In construing a statute, our goal is to give primary effect to the intent of the legislature. Draper v. Mountain States Mut. Cas. Co., 116 N.M. 775, 777, 867 P.2d 1157, 1159 (1994). Accordingly, we consider Worker's arguments in light of the underlying purpose of the Act as well as its legislative history and case law development.
We first address Worker's argument that future medical benefits should be included in the benefit amount calculation. Worker contends that CNA had effectively eliminated his lifetime medical benefits, which were restored by order of the WCJ. Therefore, according to Worker, future medical benefits were secured as a direct result of his complaint and their value should form a basis for the bad faith penalty. Worker downplays the speculative nature of future medical benefits by arguing that the amount could be determined either (1) annually, with a bad faith sanction imposed from the actual amount of medical expenses incurred; or (2) estimated, with a sanction imposed on the amount Worker should receive during his life span.
While there is a question as to whether CNA actually eliminated all of Worker's future medical benefits, the resolution of this issue does not affect our holding. We first evaluate how future medical benefits are treated under the Act. It is well-established that the Act does not permit a present award based on future medical benefits. Hales v. Van Cleave, 78 N.M. 181, 185-86, 429 P.2d 379, 383-84 (Ct. App. 1967). The unavailability of such an award is due to its speculative nature and the Act's alternative method for handling such benefits: requiring employers to furnish continued medical care, as mandated by NMSA 1978, § 52-1-49 (1990) (effective January 1, 1991). Garcia v. Gen. Elec., 1999-NMCA-139, 15, 128 N.M. 291, 992 P.2d 304. In short, the Act replaces uncertain present valuation with employers' continued obligation to provide medical care for injured workers, and does not allow present awards based on future medical benefits. We continue our review of the Act to determine if bad faith penalties have unique characteristics that would take them out of this general rule.
In 1990 the legislature enacted Section 52-1-28.1 in response to Russell v. Protective Ins. Co., 107 N.M. 9, 12, 751 P.2d 693, 696 (1988). In Russell, the Supreme Court held that until the legislature directed otherwise, bad faith claims in a worker's compensation context could be brought in district court. Section 52-1-28.1 made bad faith claims subject to the exclusivity provision of the Act. Id.; see NMSA 1978, § 52-1-9 (1973). The principal case interpreting Section 52-
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