 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Meyers v. Western Auto6/6/2002
ttorneys' fees to be paid the worker's attorney, and the worker shall be relieved from any responsibility for paying any portion of the worker's fees." In construing a statute, our goal is to give primary effect to the intent of the legislature. Draper, 116 N.M. at 777, 867 P.2d at 1159. We look to the language of the statute to ascertain the legislative intent. Id. However, the intent of the legislature will prevail over a literal reading of the language. Id. The purpose of Section 52-1-54(F) is to encourage the parties to resolve their differences before hearing thus supporting the policy of judicial economy and allowing for more timely resolution of claims. CNA would like us to read the statute narrowly and limit the comparison of Worker's offer to the first order entered by the WCJ entitled "Compensation Order." Such a reading would frustrate the purpose of the Act. If a case goes to hearing, it is not uncommon to have several orders resolving a complaint and they are read together. We have reviewed all three of the WCJ's orders in this case. There is no doubt that the award of the benefit penalty was part of the total resolution of this case and the "compensation order" as contemplated by the statute consists of the three orders entered to reach that resolution. We interpret the term "compensation order" broadly to effect the purposes of the Act. See Genuine Parts Co. v. Garcia, 92 N.M. 57, 62, 582 P.2d 1270, 1275 (1978) (holding that fees awarded under the Act after trial or formal hearing are treated in New Mexico as part of the judgment proper); Fasso v. Sierra Healthcare Ctr., 119 N.M. 132, 133-34, 888 P.2d 1014, 1015-16 (Ct. App. 1994) (holding recommended resolution became binding compensation order); Curliss v. B&C;Auto Parts, 116 N.M. 668, 670, 866 P.2d 396, 398 (Ct. App. 1993) (treating lump-sum settlement agreement as compensation order for purposes of modification and review under NMSA 1978, ยง 52-5-9 (1989)).
The remaining language in the statute requires a straightforward comparison: Did the worker ultimately get more than he asked for? Here, contrary to CNA's contention, the answer is clearly "yes" when the bad faith sanction is added. The WCJ essentially gave Worker everything contained in his offer with respect to medical benefits. Any difference between Worker's offer and the award less bad faith sanctions consisted of certain costs and expenses which, even under the method of calculation most favorable to CNA, were no more than $1500. Worker recovered a bad faith penalty of $1674.99, almost $175 more than the offer. Section 52-1-54(F)(4) does not require the WCJ to look into the elements of Worker's offer; it shifts the responsibility for payment of fees "if the worker's offer was less than the amount awarded by the compensation order." In this case, Worker's offer was less than the amount awarded by the compensation order and it makes no difference that the bad faith penalties were not contemplated at the time of the offer. We therefore reverse on this issue.
V. Single Verses Separate Claim
Worker argues that the 1990 amendments to the Act now allow for a new attorney fees cap for each "claim" instead of for each injury. However, as CNA correctly argues, Worker's reference to "single accidental injury claim" in Section 52-1-54(I) omits subsequent language in this section providing that each injury, and not each individual claim, is subject to the cap: "This limitation applies whether the claimant or employer has one or more attorneys representing him and applies as a cumulative limitation on compensation for all legal services rendered in all proceedings and other matters directly related to a single accidental injury to a claimant." Because Worker has
Page 1 2 3 4 5 6 7 8 New Mexico Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|