 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Tom Growney Equipment Co. v. Jouett5/20/2005
answering the preliminary question of which employer has initial liability to the employee for a disabling work injury. We agree with the Court of Appeals that " he principle behind apportionment is to treat the employers and their insurance companies equitably when two successive injuries combine to produce the final disability." Id. 19. However, we conclude it is impractical to hold the first employer liable for disability that arises following subsequent work-related aggravation of an initial non-disabling injury. Growney Equipment argues that, under the Jouett opinion, because the first employer is presumptively liable where there were subsequent work injuries or aggravations, the first employer is burdened to attempt "to track Worker's subsequent employment history and accidents, even if it is years after any accidents with First Employer." We also note that this scheme would frustrate the purposes of the notice provision. Consistent with New Mexico law and from a practical standpoint, we conclude that the employer at the time of the disability is responsible for compensation for pre-existing non-disabling injuries aggravated by subsequent work activities.
B. Worker 's Compensation Liability
{21} " he question of apportionment ordinarily arises only after the determination of initial liability is made." Garcia, 112 N.M. at 600, 817 P.2d at 1242. Thus, we first determine, as a preliminary matter, which employer has potential liability for Jouett's 2001 disability.
{22} "The right to the compensation provided for in [the Act], in lieu of any other liability whatsoever, . . . shall obtain in all cases where . . . at the time of the accident, the employee is performing service arising out of and in the course of [the worker 's] employment," and the injury or death is "proximately caused by accident arising out of and in the course of [the worker's] employment." NMSA 1978, § 52-1-9 (1973)
(emphasis added).
`Claims for workers' compensation shall be allowed only . . . when the accident was reasonably incident to [the worker 's] employment . . . and . . . when the disability is a natural and direct result of the accident." NMSA 1978, § 52-1-28(A) (1987). Thus, Jouett is entitled to compensation for a work-related injury from the employer at the time of the accident. For purposes of defining an accident with regard to a disability, " ompensation is paid only when a work-related accidental injury becomes disabling." Salinas-Kendrick, 118 N.M. at 166, 879 P.2d at 798.
{23} It is undisputed that Jouett suffered a compensable, work-related accident while employed with Growney Equipment in January of 1999, meeting the requirements of Section 52-1-9. However, Growney Equipment satisfied its obligation for Jouett's 1999 accidental injury at that time by providing medical treatment; because he was not disabled in 1999, Jouett was not entitled to a disability claim under Section 52-1-28 at that time. The WCJ found that Jouett aggravated his initial injury sustained during his employment with Growney Equipment while working for his subsequent employers, Patterson Drilling and Big Dog. We therefore must determine which employer is potentially liable for Jouett's 2001 disability, based on the fact that Jouett aggravated his initial injury sustained at Growney Equipment during his employment with Patterson Drilling and Big Dog, eventually becoming disabled while in the employ of Big Dog.
{24} Salinas-Kendrick addressed a situation in which the worker suffered a work-related accident, continued to work for the same employer, but became disabled due to aggravation of the earlier accident over a year later. 118 N.M. at 165, 879 P.2d at 797. " he
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 New Mexico Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|