AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The claimant, as the surviving spouse of a deceased worker who was employed by Albuquerque Public Schools, sought workers' compensation death benefits following the worker's death. The worker had been diagnosed with Allergic Bronchopulmonary Aspergillosis (ABPA) due to exposure to aspergillus mold in her classroom, leading to her filing a claim for workers' compensation disability benefits prior to her death. The worker also had a history of breast cancer, which had been in remission but became metastatic around the same time as her ABPA diagnosis. The worker's death occurred within two years of her last day of work, and the claim for death benefits was filed alleging that the ABPA was the cause of her death.

Procedural History

• Workers’ Compensation Judge (WCJ) awarded workers’ compensation death benefits to the claimant, finding a causal connection between the worker's ABPA and her death. The WCJ also excluded medical records and testimony that suggested the worker died of cancer unrelated to ABPA, ruling that only health care providers who treated the worker's work-related injury could testify regarding the cause of death.

Parties' Submissions

• Employer-Appellant/Cross-Appellee: Argued that the WCJ erred in concluding the worker's death occurred within the statute of limitations for death benefits, erred in excluding medical records and testimony supporting the position that the worker died from cancer unrelated to ABPA, and contested the amount of benefits awarded.
• Claimant-Appellee/Cross-Appellant: Contended that the WCJ erred by not awarding death benefits at 100% of the worker's compensation rate.

Legal Issues

• Whether the worker's death occurred within two years of her compensable work injury, making the claim for death benefits timely.
• Whether the WCJ erred in excluding medical records and testimony that could demonstrate the worker died of causes unrelated to the ABPA.
• Whether the medical evidence regarding the cause of the worker's death was uncontradicted due to the exclusion of certain evidence.
• The correct amount of benefits that should be awarded if the claimant is entitled to death benefits.

Disposition

• Affirmed the WCJ's decision on the statute of limitations issue.
• Reversed the WCJ's decision to exclude certain medical records and testimony, and the finding that the medical evidence regarding the cause of death was uncontradicted.
• Reversed on the calculation of the amount of death benefits awarded and remanded for a new trial on whether the worker's ABPA caused her death.

Reasons

• The Court of Appeals found that the worker's death occurred within two years of her compensable injury, thus not barred by the statute of limitations. However, it held that the WCJ erred in excluding medical records and testimony from a doctor who treated the worker for cancer, as this evidence was crucial for determining the cause of death. The exclusion was based on a misinterpretation of the statute, which does not limit testimony regarding the cause of death to healthcare providers who treated the work-related injury. The court also found error in the WCJ's calculation of death benefits, specifically the decision to award benefits at 99% instead of 100% of the worker's compensation rate, and remanded for retrial on the causation issue and recalculation of benefits if necessary (paras 1-60).