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Sanchez v. Siemens Transmission Systems3/19/1991
ney fees. The WCJ entered subsequent findings to support the award of attorney fees. The WCJ noted the substantial success of the claimant and that claimant's attorney reasonably spent 111 hours on the case. The WCJ also found that the issues were seriously contested and complex due to the volume of medical testimony. In addition, the WCJ noted that the skill and experience of the claimant's attorney is high, with good standing in the legal community. Further, an examination of the record reveals the following: six depositions were taken, five of which concerned medical witnesses; one set of interrogatories and a one-day formal hearing.
The amount of attorney fees is within the discretion of the WCJ and should be disturbed only if the WCJ acted beyond reason. See . Judicial discretion is abused when the action taken is arbitrary and capricious. See . In the present situation, an attorney fees award of 102% of the present value of claimant's award is outside the parameters of what we consider permissible. Although the issues were hotly contested, they were not particularly unusual or complex. See (attorney fees excessive when 60% of claimant's recovery). In light of the principles set forth in Woodson, we hold that claimant's award for attorney fees is excessive. Therefore, we reverse and remand for a reconsideration of fees within the permissible range as discussed in Woodson.
5. POST-COMPENSATION ORDER INTEREST
In the final compensation order, the WCJ awarded claimant post-judgment interest in the amount of 15%. The issue presented is whether the Workmen's Compensation Act permits an award of post-compensation-order interest.
NMSA 1978, Section 56-8-4 (Repl. Pamp. 1986) provides interest at the rate of 15% on judgments and decrees from the date of the entry of the final judgment or decree. Post-judgment interest, as provided for in Section 56-8-4, has traditionally been applied to workers' compensation cases decided at the district court level. See ); Lopez v. Smith's Management Corp. These cases, however, were decided before the current Workmen's Compensation Act became effective on July 1, 1987. See NMSA 1978, 52-5-1 (Repl. Pamp. 1987). Proceedings under the current Act provide the WCJ with authority to conduct hearings and enter final orders for the payment of benefits. See NMSA 1978, ยงยง 52-5-6, -7, (Cum. Supp. 1990).
On appeal, employer argues that an award of post-judgment interest is not applicable to compensation orders issued from the WCA. NMSA 1978, Section 52-5-15 (Cum. Supp. 1990) provides in part:
All awards shall be against the employer for the amount then due and shall contain an order upon the employer for the payment to the worker, at regular intervals during the time he is entitled to receive compensation, of the further amounts he is entitled to receive.
Employer argues that nothing in the 1987 Act suggests that the above phrase "the amount then due" includes any post-compensation-order interest. Employer refers this court to the decision in United States v. Austin, 614 F. Supp. 1208 (D.N.M. 1985), for the proposition that in the absence of a clearly expressed legislative intention to the contrary, the language of a statute is conclusive.
We agree that we cannot add a requirement that is not provided for in the statute. See . Nor may we read into the statute language that is not there. See . However, we are also obligated to read the Workmen's Compensation Act in its entirety and construe each part in connection with every
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