Anaya v. City of Santa Fe
Decision Date | 03 March 1969 |
Docket Number | No. 8166,8166 |
Citation | 1969 NMSC 25,451 P.2d 303,80 N.M. 54 |
Parties | Juan D. ANAYA, Plaintiff-Appellant, v. The CITY OF SANTA FE, a municipal corporation, Employer, and Houston Fire and Casualty Insurance Company, a corporation, Insurer, Defendants-Appellees. |
Court | New Mexico Supreme Court |
Plaintiff-appellant Juan D. Anaya, designated as 'plaintiff,' filed a claim for workmen's compensation against defendants-appellees The City of Santa Fe, employer, and Houston Fire and Casualty Insurance Company, insurer, designated as 'defendants,' for an injury received on April 11, 1957, while employed in the refuse department of the City. The complaint was filed on January 31, 1964, some six years and nine months subsequent to the date of the injury. The case was submitted to the trial court upon a stipulation that evidence would be received bearing on the statute of limitations and laches. Subsequently, the case was remanded to the trial court for additional evidence and findings on the question of notice. The trial court found that the claim was barred by the statute of limitations, laches and unreasonable delay. Judgment was accordingly entered on March 15, 1966, dismissing the action with prejudice.
The trial court made the following findings of fact:
Supplemental findings of fact filed January 10, 1968, are as follows:
Conclusions of Law:
For a brief background of this case, defendants had notice of the injury through a foreman for the City; plaintiff received medical attention and defendants thereafter paid compensation and medical expenses in connection with the injury, the last payment having been made prior to May 27, 1958; and on approximately that date defendants took a release from plaintiff, purportedly releasing defendants from all claims of any nature arising as a result of the accidental injury on April 11, 1957.
It is the custom and practice of corporations, such as the insurance carrier in this case, to dispose of closed files some three years after the case is concluded. This was done here as the evidence indicates that all files had been destroyed on the presumption that the case had been closed and there would be no further activity with respect thereto.
Since defendants had notice of a compensable injury, § 59--10--27, N.M.S.A., 1953 Comp., obligated them to file an accident report with the labor commissioner. Not having filed a report, § 59--10--28, N.M.S.A., 1953 Comp., extended the period in which plaintiff might bring his claim under § 59--10--13, N.M.S.A., 1953 Comp. (repealed Laws 1959, Ch. 67, § 32), this being the law applicable to plaintiff's claim.
There are, however, certain equitable defenses such as laches and the facts to support laches are not disputed. Morris v. Ross, 58 N.M. 379, 271 P.2d 823 (1954). The word 'barred' in § 59--10--28, supra, does not apply to laches and the legislative history shows that this section was enacted in connection with the limitation period.
Workmen's compensation statutes are sui generis and create rights, remedies and procedures which are exclusive. As to these rights and remedies, Ch. 92, § 7, Laws 1937, gives the employer and insurer the right to file an answer:
'* * * setting up any defense to the claim * * * or showing that he is not liable therefor for any reason * * *.'
This wording appears in the old § 59--10--13, N.M.S.A., as it existed in 1957 and is to be compared with § 59--10--5, N.M.S.A., 1953 Comp., a part of the Workmen's Compensation Act which specifically abolished certain defenses to personal injury actions. This statutory language does not specifically authorize the defense of laches, but certainly it does not abolish the defense.
Even though our Workmen's Compensation Act does not specifically provide for equitable defenses, nevertheless, this court has considered equitable claims and defenses in workmen's compensation proceedings. Tocci v. Albuquerque & Cerrillos Coal Co., 45 N.M. 133, 112 P.2d 515 (1941)--fraud or mutual mistake; Hudson v. Herschbach Drilling Co., 46 N.M. 330, 128 P.2d 1044 (1942)--incapacity to contract; Lance v. New Mexico Military Institute, 70 N.M. 158, 371 P.2d 995 (1962)--estoppel; Winter v. Roberson Construction Co., 70 N.M. 187, 372 P.2d 381, 96 A.L.R.2d 933 (1962)--question of whether plaintiff was estopped; Herrera v. C & R Paving Co., 73 N.M. 237, 387 P.2d 339 (1963)--fraud and misconduct; Durham v. Gulf Interstate Engineering Co., 74 N.M. 277, 393 P.2d 15 (1964)--fraud or other inequitable conduct; Thomas v. Barber's Super Markets, Inc., 74 N.M. 720, 398 P.2d 51 (1964)--fraud, undue influence, misrepresentation or coercion; Gray v. J. P. (Bum) Gibbins, Inc., 75 N.M. 584, 408 P.2d 506 (1965)--fraud. These cases are cited to show that equitable considerations apply to workmen's compensation claims and defenses and may be applied to the instant case.
The question of whether a claim is barred by laches must be determined by the facts and circumstances in each case and according to right and justice. Laches, in legal significance, is nog mere delay, but delay that works a disadvantage to another. Roberson v. Board of Education of City of Santa Fe, 78 N.M. 297, 430 P.2d 868 (1967).
The trial court found that defendants have been seriously and unavoidably prejudiced because of plaintiff's delay in bringing suit and that no excuse for the delay had been offered. These findings are not attacked. Accordingly, we agree with the trial court that plaintiff may not prosecute this cause of his laches.
We are aware that our Workmen's Compensation Act is to be liberally construed so that its beneficent purposes may not be thwarted; however, there is no construction, regardless of how liberal, that can be given to the requirements of the statute to justify a conclusion different from that of the trial court.
It is the opinion of this court that the trial court correctly held that this cause is barred by unreasonable delay and laches and, therefore, the decision of the trial court is affirmed.
It is so ordered.
COMPTON and CARMODY, JJ., and JOE W. WOOD, J. Ct. App., concur.
In my view, the majority opinion is erroneous in applying the doctrine of laches to defeat an express period of time permitted by statute within which the workman's claim may be filed.
The question presented by this appeal is whether the workman's compensation claim, filed January 31, 1964, seeking benefits for an injury that occurred April 11, 1957, was timely. This was not a claim for a latent injury. Section 59--10--13.6, N.M.S.A. 1953, limits the time within which a claim for compensation benefits must be filed to one year after the failure or refusal of the employer to pay compensation. Certain exceptions and conditions, however, extend the statutory period of such limitations. Among those is the failure of the employer to make a written report to the labor commissioner as required by § 59--10--27, N.M.S.A. 1953. Section 59--10--28, N.M.S.A. 1953, reads:
'No claim for compensation under the Workmen's Compensation Act (59--10--1 to 59--10--37), as it now provides or as it may hereafter be amended, shall be barred prior to the filing of such report (the report required by § 59--10--27) or within thirty (30) days thereafter, Provided, however, that this section shall not be construed to shorten the time now provided for filing...
To continue reading
Request your trial-
Smiley v. State
...L–1820–06, 2008 WL 680357, at *5 (N.J.Super.Ct.App.Div. Mar. 14, 2008) (equitable tolling defeated by laches); Anaya v. City of Santa Fe, 80 N.M. 54, 451 P.2d 303, 305 (1969) (workers' compensation claim barred by laches); Wieneck v. Drake Bakery, 103 A.D.3d 967, 960 N.Y.S.2d 240, 241 (2013......
-
Malone v. Swift Fresh Meats Co.
...construed to effect is purpose. E. g., Schiller v. Southwest Air Rangers, Inc., 87 N.M. 476, 535 P.2d 1327 (1975); Anaya v. City of Santa Fe, 80 N.M. 54, 451 P.2d 303 (1969); Casados v. Montgomery Ward & Co., 78 N.M. 392, 432 P.2d 103 (1967); Mirabal v. International Minerals & Chemical Cor......
-
Sanchez v. Memorial General Hosp.
...with other applicable provisions of this state's Workers' Compensation Act. As observed by our supreme court in Anaya v. City of Santa Fe, 80 N.M. 54, 451 P.2d 303 (1969): Even though our Workmen's Compensation Act does not specifically provide for equitable defenses, nevertheless, [the Sup......
-
Garza v. W. A. Jourdan, Inc.
...The rule of liberal construction in Workmen's Compensation cases is well-established in this jurisdiction. Anaya v. City of Santa Fe, 80 N.M. 54, 451 P.2d 303 (1969); Casados v. Montgomery Ward & Co., 78 N.M. 392, 432 P.2d 103 (1967). This rule applies to the interpretation of law not facts......