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Crespin v. Consolidated Constructors Inc.9/2/1993
Opinion
Consolidated Constructors, Inc., and Mountain States Mutual Casualty Company (collectively referred to as Respondents) appeal from an order entered by the workers'
compensation Judge (judge) awarding compensation benefits to Paul Crespin (Claimant).
Respondents raise two issues on appeal: (1) whether, as a matter of law, the Judge's amended findings of fact numbers 25 and 26 required reduction or suspension of Claimant's compensation for refusal to submit to medical treatment as reasonably essential to promote his recovery; and (2) whether the Judge erred in refusing to limit benefits to 100 weeks under NMSA 1978, Section 52-1-42 (Repl.Pamp.1987). With regard to the first issue, we hold that the Judge was not required to reduce or suspend Claimant's benefits since incapacitating pain would justify Claimant's refusal to submit to the recommended exercise regimen. As to the second issue, because there was evidence of a disability produced by continuing physical impairment, compensation benefits were not limited to 100 weeks. We affirm.
BACKGROUND
Since Claimant's injury on February 22, 1989, Respondents have paid to Claimant total disability payments for 100 weeks. On February 19, 1991, Claimant filed a claim alleging he was entitled to continuing total or partial disability benefits. On May 28, 1991, Respondents filed their answer and affirmative defenses alleging, in relevant part, that: (1) Claimant refused to participate in his physical rehabilitation, and thus, pursuant to NMSA 1978, ยง 52-1-51(C) (Repl.Pamp.1987), the Judge should have suspended or reduced any compensation benefits that Claimant may have been entitled to receive; and (2) if compensable at all, Claimant's alleged injury constituted a secondary mental impairment and was therefore an injury for which benefits did not run longer than 100 weeks pursuant to Section 52-1-42.
On September 27, 1991, the Judge heard Claimant's claim. As shown by the Supplemental Findings and Compensation Order, filed on January 21, 1992, the Judge decided that Claimant was totally disabled and that after six months of psychological therapy Claimant would be 25% permanently disabled. Respondents appeal from this order.
FACTS
Claimant was employed by Respondent Consolidated Constructors, Inc., as a heavy-equipment operator. On February 22, 1989, Claimant was injured on the job when a front-end loader which he was operating rolled over on its side. As a result of the accident Claimant suffered a cervical and thoracolumbar strain. On March 6, 1989, Dr. Lopez referred Claimant to physical therapy. Claimant was compliant with his physical therapy until approximately July 1989. However, there is evidence that by the end of 1989, Claimant was missing physical therapy appointments, was selfterminating exercise programs, was poorly motivated, and generally was not giving maximum effort in his physical therapy. Claimant was also being noncompliant with his home exercise program which had been prescribed by Dr. Lopez. On August 9, 1989, Claimant was referred to Dr. Feldman, a neurosurgeon. On October 4, 1989, Dr. Lopez discontinued physical therapy since it had not led to any improvement. Dr. Lopez continued treating Claimant and later referred him to Dr. Martinez, another neurosurgeon. Claimant was complaining of pain. By January 31, 1990, besides the cervical and thoracolumbar strain, Claimant had developed fibromyalgia syndrome, described as a type of chronic pain syndrome often associated w
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