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Sanchez v. Zanio's Foods10/20/2005
erform restricted activities. The only finding regarding restriction from work was within the WCJ's benefits analysis, in which the WCJ found that Worker was "currently medically restricted from returning to work," not that Worker was restricted from returning to work at the time of the job offer. The only finding that can reasonably be construed as constituting the basis for the WCJ's finding and conclusion of reasonable refusal to return to work is the WCJ's statement that "Worker reasonably refused a return to work offer which was for the nightshift as opposed to the regular dayshift Worker was performing when he was injured." However, Worker points to no evidence in the record from which it can be inferred there were legitimate reasons Worker was unable to work the nightshift, and the WCJ does not set out any.
We cannot accept the reasons given by Worker in his answer brief as legitimate reasons to decline the job offer. Worker does not point to anything in the record that indicates Worker discussed any of these reasons or excuses with Employer or with Dr. Reeve or even Dr. Castillo. Worker does not point to anything in the record that requires acceptance of Worker's apparent view that he could not postpone accepting or declining the offer until he was able to meet again with the doctor and to show the doctor the duties required. Further, except perhaps for the nightshift, it appears to us that the WCJ did not accept any of the reasons gleaned by Worker from his testimony and set out earlier in this opinion.
A WCJ's assessment of whether a rejection is reasonable must be backed up by stated findings describing the reasons for Worker 's rejection of the job offer and indicating why the reasons are reasonable. WCJ clarity and expressed reasoning is essential to our effective and meaningful review. Cf. Atlixco Coalition v. Maggiore, 1998-NMCA-134, 17, 19, 125 N.M. 786, 965 P.2d 370 (requiring a statement of reasons for adjudicative action taken by administrative agency, one purpose of which is to allow for meaningful judicial review); Akel v. N.M. Human Servs. Dep't, 106 N.M. 741, 743, 749 P.2d 1120, 1122 (Ct. App. 1987) (stating that for adequate appellate review "the hearing officer's decision [must] adequately reflect the basis for determination and the reasoning used in arriving at such determination"); see also NMSA 1978, § 39-3-1.1(B)(1) (1999) (reflecting our Legislature's view that administrative agencies should provide written factual and legal bases for their orders in their decisions); NMSA 1978, § 74-9-27(B)(1) (1990) (same); NMSA 1978, § 74-9-29(B)(1) (1990) (same). Perhaps there were justifiable reasons to reject the offer because it required work on the nightshift. Perhaps there were justifiable reasons to reject the offer because Worker was unable to operate the trucks in the yard. Perhaps Worker's subjective belief about his ability to perform the duties was reasonable. But the WCJ's findings do not set out any reasons. Worker relies on his subjective view of his pain. Worker's evidence is unsupported by a doctor's opinion or restriction.
Despite the apparent absence of sufficient findings necessary to support the conclusion that Worker reasonably refused the return to work offer, we think it appropriate to remand as to this job rejection issue. The WCJ is to review the evidence and determine whether to enter different or other findings of fact and conclusions of law in regard to Worker's job rejection. It is not enough to conclude the rejection was reasonable based solely on the fact that the schedule changed from dayshift to nightshift. Even were the findings to be read as Worker wants them read, i.e., to say that Worker was unable to perform the duties off
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