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

A worker injured her back while stocking liquor shelves for her employer in September 2006. She was diagnosed with a back strain, took a few days off work, and returned with restrictions. After taking vacation leave and working for two days, she stopped working entirely on or about September 30, 2006, claiming she could not continue. She later sought workers’ compensation benefits, alleging temporary total disability (TTD) and permanent partial disability (PPD) due to her injury (paras 4-6).

Procedural History

• Workers’ Compensation Administration, Helen L. Stirling, Workers’ Compensation Judge: Denied the worker’s claims for TTD and PPD benefits but awarded medical benefits for treatment and past medical bills (paras 6-7).

Parties' Submissions

• Appellant (Worker): Argued she was entitled to TTD benefits because her employer failed to formally extend a return-to-work offer. She also contended that the Workers’ Compensation Judge (WCJ) erred in rejecting the testimony of Dr. Richard Weber regarding her maximum medical improvement (MMI) and impairment rating (paras 1, 8, 15).
• Appellees (Employer/Insurer): Asserted that the worker was not entitled to TTD because she voluntarily stopped working without a medical reason. They also argued that the WCJ was justified in rejecting Dr. Weber’s testimony as it was equivocal and lacked credibility (paras 8, 15-16).

Legal Issues

• Whether the worker was entitled to TTD benefits due to the employer’s alleged failure to formally extend a return-to-work offer.
• Whether the WCJ erred in rejecting the testimony of Dr. Weber regarding the worker’s MMI and impairment rating for PPD benefits.

Disposition

• The Court of Appeals affirmed the WCJ’s decision, denying the worker’s claims for TTD and PPD benefits (para 3).

Reasons

Per Bustamante J. (Castillo and Vanzi JJ. concurring):

Temporary Total Disability (TTD):
The Court found substantial evidence supporting the WCJ’s conclusion that the worker was not entitled to TTD benefits. The worker returned to work for two days after her injury and voluntarily stopped working without a medical reason. The Court held that the employer was not required to formally extend a return-to-work offer under NMSA 1978, Section 52-1-25.1(B) (2005), as the worker was effectively allowed to return to her pre-injury position (paras 8-11).

Permanent Partial Disability (PPD):
The Court upheld the WCJ’s rejection of Dr. Weber’s testimony regarding the worker’s MMI and impairment rating. Dr. Weber’s testimony was deemed equivocal and unworthy of belief, as it lacked clarity and certainty. The WCJ was justified in finding no credible evidence of permanent impairment or MMI. The Court also noted that the worker’s consistent diagnosis indicated minimal or no physical impairment (paras 15-20).

Standard of Review:
The Court applied the whole record review standard, affirming that the WCJ’s findings were supported by substantial evidence and reasonable inferences drawn from the record (paras 7, 11, 20).