Rodriguez v. Scotts Landscaping

• Court: Court of Appeals of New Mexico
• Citation: 181 P.3d 718,2008 NMCA 046
• Docket Number: No. 26,929.,26,929.
• Parties: Abelardo RODRIGUEZ, Worker-Appellant, v. SCOTTS LANDSCAPING and Builders Trust of New Mexico, Employer/Insurer-Appellees.
• Decision Date: 05 March 2008

181 P.3d 718 2008 NMCA 046 Abelardo RODRIGUEZ, Worker-Appellant,
v.
SCOTTS LANDSCAPING and Builders Trust of New Mexico, Employer/Insurer-Appellees. No. 26,929. Court of Appeals of New Mexico. March 5, 2008.

[181 P.3d 719]

Max Houston Proctor, Hobbs, NM, for Appellant.

Yenson, Lynn, Allen & Wosick, P.C., Matthew L. Connelly, April D. White, Albuquerque, NM, for Appellees.

OPINION

BUSTAMANTE, Judge.

{1} Worker appeals from a compensation order finding that Worker could not receive his compensation award as a lump sum payment under NMSA 1978, § 52-5-12 (2003). The question presented in this appeal is whether Section 52-5-12 violates the Equal Protection Clauses of the United States and New Mexico Constitutions. Concluding that Section 52-5-12 does not violate Worker's right to equal protection, we affirm.

BACKGROUND

{2} On October 22, 2003, Worker injured his back in the course and scope of his employment as a landscaping laborer. As a result of the injury, Worker suffered a herniated disc and back pain. Employer/Insurer paid for medical treatment for Worker's injury, including surgery for the herniated disc. On March 8, 2005, Dr. Anthony Reeve placed Worker at maximum medical improvement (MMI) and assigned Worker a permanent impairment rating of ten percent. Dr. Reeve authorized Worker to resume employment for "light duty" work for the remainder of Worker's life.

{3} From October 27, 2003, through March 8, 2005, Worker received all of the temporary total disability (TTD) benefits to which he was entitled. As of March 9, 2005, Worker was entitled to receive permanent partial disability (PPD) benefits for four hundred twenty-eight weeks and two days. Worker's total PPD rating as modified pursuant to NMSA 1978, §§ 52-1-26 to -26.4 (1987, as amended through 2003), is fifty-five percent. Accordingly, since March 9, 2005, Employer/Insurer has been paying Worker PPD benefits in the amount of $140 per week.

{4} Worker had not incurred any debts at the time the case went before the Workers' Compensation Administration (WCA) and the record does not reflect that Worker has incurred debts since then. However, Worker asserted that he could not find a new job due to his disability and that he could not support himself on the PPD benefits alone. Therefore, Worker sought to receive his PPD benefits in a lump sum so that he could invest the money to support himself.

{5} The case went before a Workers' Compensation Judge (WCJ) on June 7, 2006. After hearing arguments on Worker's request for a lump sum payment, the WCJ filed a memorandum opinion denying the request. The WCJ noted that the provisions regarding lump sum payments in New Mexico's workers' compensation laws had become increasingly restrictive over time. The WCJ stated that the current form of Section 52-5-12 "is clear and unambiguous," and that lump sums are only authorized when a worker has accumulated debts during a period of disability or when the worker has returned to work for six months and earns at least eighty percent of his or her pre-injury wage. See § 52-5-12(B), (C). The WCJ therefore concluded that Worker would not qualify for a lump sum payment under Section 52-5-12.

{6} With respect to Worker's claim that Section 52-5-12 violates equal protection, the WCJ stated that he could not decide the issue because "[a]dministrative law judges lack authority to determine the constitutionality of a statutory enactment[,]" citing Sanchez v. Memorial General Hospital, 110 N.M. 683, 688, 798 P.2d 1069, 1074 (Ct.App. 1990). The WCJ entered a final compensation order on July 21, 2006, and Worker's appeal from that order timely followed.

{7} Worker asserts on appeal that Section 52-5-12 violates equal protection because it treats workers who have not run up debts or returned to work differently than

181 P.3d 720

workers who have. Moreover, Worker argues that we should apply the intermediate scrutiny standard of constitutional review because Worker belongs to a sensitive class of persons with physical impairment and permanent or partial disabilities. For the reasons set forth below, we conclude that the restrictions on lump sum payments set forth in Section 52-5-12 do not violate the Equal Protection Clauses of the United States and New Mexico Constitutions.

DISCUSSION

{8} We inquire into the constitutionality of legislation using the de novo standard of review. Pinnell v. Bd. of County Comm'rs, 1999-NMCA-074, ¶ 17, 127 N.M. 452, 982 P.2d 503. We begin our inquiry with the presumption that the challenged legislation is constitutional. Madrid v. St. Joseph Hosp., 1996-NMSC-064, ¶ 10, 122 N.M. 524, 928 P.2d 250. "We will not question the wisdom, policy, or justness of legislation enacted by our Legislature." Id.

{9} "We have interpreted the Equal Protection Clauses of the United States and New Mexico Constitutions as providing the same protections." Valdez v. Wal-Mart Stores, Inc., 1998-NMCA-030, ¶ 6, 124 N.M. 655, 954 P.2d 87 (internal quotation marks and citation omitted). But see Breen v. Carlsbad Mun. Schs., 2005-NMSC-028, ¶ 14, 138 N.M. 331, 120 P.3d 413 (stating that "[w]hile we take guidance from the Equal Protection Clause of the United States Constitution and the federal courts' interpretation of it, we will nonetheless interpret the New Mexico Constitution's Equal Protection Clause independently when appropriate" (emphasis added)). Worker has not asserted—nor has he provided us with a sufficient basis to conclude—that it is appropriate in the present case to interpret the New Mexico Constitution's Equal Protection Clause independently. We therefore apply the clauses' common "mandate that similarly situated individuals be treated alike, absent a sufficient reason to justify the disparate treatment." Wagner v. AGW Consultants, 2005-NMSC-016, ¶ 21, 137 N.M. 734, 114 P.3d 1050.

{10} In order to establish an equal protection violation, Worker must prove that he is similarly situated to others but is treated dissimilarly. Breen, 2005-NMSC-028, ¶ 8, 138 N.M. 331, 120 P.3d 413. Put another way, Worker "must prove that [he] should be treated equally with another group but [is] not [so treated] because of a legislative classification." Id. If Worker can establish that, as a result of a legislative classification, he has suffered dissimilar treatment from those who are similarly situated, we then consider what level of scrutiny to apply to the challenged legislation. Id.

A. It Is Unclear Whether Worker Is Subject to a Legislative Classification Under Section 52-5-12

{11} "The threshold question in analyzing all equal protection challenges is whether the legislation creates a class of similarly situated individuals who are treated dissimilarly." Breen, 2005-NMSC-028, ¶ 10, 138 N.M. 331, 120 P.3d 413. For example, in Breen, our Supreme Court concluded that NMSA 1978, § 52-1-41 (1999) and NMSA 1978, § 52-1-42 (1990) "create categories of similarly situated...