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McMains v. Aztec Well Service9/14/1994
HARTZ, Judge.
Precision Welding and Manufacturing and its insurer, United States Fidelity & Guaranty Company (collectively referred to as "Precision"), appeal from an adverse decision by the Workers' Compensation Administration. The claimant, James Lyes McMains ("Worker"), sought compensation benefits from Precision based on an alleged accidental injury to his lower back while working for Precision on July 13, 1992. Worker also sought benefits from Aztec Well Service and its insurer, Mountain States Mutual Casualty Company (collectively referred to as "Aztec"), for an alleged prior injury to his lower back while working for Aztec on March 27, 1991. Precision contends on appeal that it owes no compensation benefits because (a) there was no injury arising out of Worker's employment with Precision, (b) Worker willfully suffered the 1992 injury, and (c) even if the 1992 injury was otherwise compensable, it did not result in any increased impairment. It further contends that even if it is liable for some benefits, the workers' compensation Judge (WCJ) erred in apportioning liability for permanent partial disability benefits equally between Precision and Aztec and in assessing against Precision 100% of the liability for future medical benefits. By a separate memorandum opinion we affirm the decision of the WCJ on each of the issues raised by Precision on appeal, except the assessment for future medical benefits. This opinion, which contains the portion of the memorandum opinion meriting publication, addresses only future medical benefits.
I. BACKGROUND
We view "'the evidence in the light most favorable to the agency decision, but may not view favorable evidence with total disregard to contravening evidence.'" (quoting ). Worker injured his lower back on March 27, 1991, while working for Aztec. He received treatment from Dr. Robin Glass, a chiropractor. His pain resolved by May 15, 1991, when Dr. Glass released him to return to work without restrictions. Aztec paid Dr. Glass's bills and paid Worker temporary total disability benefits from the date of injury until the date of Worker's release to return to work. Rather than returning to Aztec, Worker began work at Precision. He had a relapse of lower back pain in June 1991 and received one treatment by Dr. Glass. From that time until July 13, 1992, Worker had muscle soreness typically associated with the kind of heavy labor he performed, but he suffered no pain from his injury at Aztec, visited no doctors, and took no medication.
On July 13, 1992, Worker was cleaning up Precision's shop and preparing for the next job . He lifted and stacked several steel bars weighing about 160 pounds each and swept the shop. About 15 to 20 minutes later Worker was walking around the shop looking for his next task when he suddenly felt excruciating pain in his lower back and fell to his knees. He was not wearing a lumbar support belt, although he testified that he occasionally wore one at work. At trial on May 20, 1993, Worker testified that the pain from his injury at Precision had been unrelenting and continuous. Although he had returned to work as an ironworker with another employer in November 1992, he explained that he needed the job because he had no money, was starving, and had become homeless.
The WCJ determined, and the parties do not dispute, that Worker's claim is governed by NMSA 1978, Sections 52-1-1 to -70 (Repl. Pamp. 1991) (the "1991 Act"). Because Worker's wages with his most recent employers equalled or exceeded his wages with Aztec and Precision, the parties agreed that Worker's permanent partial disability rating would equal his impairment. See ยง 52-1-26(D).
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