Schultz ex rel. Schultz v. Pojoaque Tribal Police Dept.

• Decision Date: 24 June 2010
• Docket Number: No. 31,374.,31,374.
• Parties: Cheryl SCHULTZ on behalf of Kevin SCHULTZ (deceased), Worker-Petitioner, v. POJOAQUE TRIBAL POLICE DEPARTMENT, and New Mexico Mutual Casualty Company, Employer-Insurer-Respondents.
• Court: New Mexico Supreme Court

242 P.3d 259

148 N.M. 692

2010 -NMSC- 034

Cheryl SCHULTZ on behalf of Kevin SCHULTZ (deceased), Worker-Petitioner,

v.POJOAQUE TRIBAL POLICE DEPARTMENT, and New Mexico Mutual Casualty Company, Employer-Insurer-Respondents.

No. 31,374.

Supreme Court of New Mexico.

June 24, 2010.

George Wright Weeth, Albuquerque, NM, for Petitioner.

Riley & Shane, P.A., Richard J. Shane, Kristin J. Dalton, Albuquerque, NM, for Respondents.

OPINION

MAES, Justice.

{1} Cheryl Schultz (Petitioner) filed a workers' compensation complaint for medical benefits and survivor benefits on behalf of her deceased husband, Kevin Schultz (Worker). The Workers' Compensation Judge (WCJ) denied Petitioner's claims and Petitioner appealed. Four days before the filing deadline, Petitioner mailed her notice of appeal from Albuquerque to the Court of Appeals, but the notice of appeal was filed two days after the filing deadline. The WCJ granted Petitioner's unopposed motion for an extension of time to file a notice of appeal. The Court of Appeals dismissed Petitioner's appeal as untimely because the WCJ did not have authority to grant an extension of time, and there was no showing of excusable neglect or events beyond the control of Petitioner that would justify extending the time to file the appeal. We conclude that the WCJ did not have authority to grant an extension of time, but that Petitioner's late filing was excusable in this case because it was due to a delay in the mail that was outside Petitioner's control. Accordingly, we remand to the Court of Appeals to review the merits of Petitioner's appeal.

I. FACTS AND PROCEDURAL HISTORY

{2} Worker was a police officer for the Pojoaque Tribal Police Department (Employer), which is insured by the New Mexico Mutual Casualty Group (Insurer). He drowned while rescuing a child who had fallen into the Rio Grande during an outing with a church group near Pilar, New Mexico.

{3} Petitioner filed a workers' compensation complaint for medical benefits and survivor benefits against Employer and Insurer. The WCJ denied Petitioner's claims on two grounds. First, the WCJ found that Petitioner's claims were barred, because "[t]he statute of limitations [had] run without reasonable excuse or because of misleading conduct on the part of Employer or Insurer." Second, the WCJ found that "Worker's accident did not arise out of his employment with Employer; it was not within the course and

[148 N.M. 694, 242 P.3d 261]

scope of his employment, and was not caused by a risk incident to his employment." The WCJ entered her final order denying Petitioner's claim on March 14, 2008. Accordingly, the deadline for filing a notice of appeal with the Court of Appeals was Monday, April 14, 2008. Rule 12-601(B) NMRA ("Direct appeals from orders, decisions or actions of boards, commissions, administrative agencies or officials shall be taken by filing a notice of appeal with the appellate court clerk ... within thirty (30) days from the date of the order, decision or action appealed from."); see also Rule 12-308(A) NMRA ("In computing any period of time prescribed or allowed by these rules, by order of court or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or a legal holiday ... in which event the period runs until the end of the next day which is not one of the aforementioned days.").

{4} Petitioner mailed her notice of appeal from Albuquerque to the Court of Appeals's post office box in Santa Fe on April 10, 2008, via certified mail with the United States Postal Service (USPS). According to the USPS tracking report, on April 15, 2008, the Court of Appeals received a USPS notification card in its post office box indicating that the Court had received a package. The notice of appeal was delivered and filed in the clerk's office on April 16, 2008, two days after the filing deadline.

{5} On April 17, 2008, Petitioner filed an unopposed motion for an extension of time to file her notice of appeal with the WCJ. The WCJ granted Petitioner an extension of time to file the notice of appeal pursuant to Rule 12-201(E)(2) NMRA, which provides that the district court may extend the time for filing "upon a showing of excusable neglect or circumstances beyond the control of the appellant." Petitioner then filed her Docketing Statement with the Court of Appeals on May 14, 2008.

{6} The Court of Appeals assigned the appeal to the summary calendar pursuant to Rule 12-210(D) NMRA and proposed summary dismissal, because the appeal was not filed in the Court of Appeals within the thirty-day time period and no enforceable extension was granted. The Court of Appeals concluded in its proposed disposition that the WCJ's extension of time was not enforceable because "Rule 12-601(C) clearly states that 'any request for extension of time must be made to the appellate court.' " In response, Petitioner argued that Rule 12-201(E)(2), which permits a district court to grant an extension of time to file a notice of appeal, also gave the WCJ authority to grant an extension of time. Alternatively, Petitioner argued that the Court of Appeals should exercise its discretion to grant the appeal, because "the facts show [Petitioner's] reasonable diligence to file the appeal on time, and that the delay was caused by excusable neglect and factors beyond her control."

{7} In an unpublished memorandum opinion, the Court of Appeals concluded that it had "no sound basis" on which to exercise jurisdiction over Petitioner's appeal. Schultz v. Pojoaque Tribal Police Dep't, No. 28,508, slip op. at 9 (N.M.Ct.App. Sep. 23, 2008). Addressing Petitioner's arguments, the Court first held that the appeal was not timely filed within thirty days as required by Rule 12-601(B). Id. at 3. Second, the Court held that the WCJ lacked authority to grant an extension of time to file under Rule 12-601(C). Id. at 3-4. Finally, the Court determined that "[n]othing in the record indicate[d] a showing of excusable neglect or events beyond the control of [Petitioner] that would justify extending the time to file the appeal." Id. at 7-8. The Court noted that Petitioner "could have personally filed the notice of appeal in the Albuquerque or Santa Fe offices and she could have requested an extension from the proper tribunal." Id. at 7. Therefore, the Court "dismiss[ed] for an untimely appeal." Id. at 9.

{8} We granted Petitioner's writ of certiorari pursuant to NMSA 1978, Section 34-5-14(B) (1972) and Rule 12-502 NMRA. Schultz v. Pojoaque Tribal Police Dep't, 2008-NMCERT-011, 145 N.M. 532, 202 P.3d 125.

[242 P.3d 262, 148 N.M. 695]

II. DISCUSSION

A. Whether the WCJ Had Authority to Grant an Extension of Time to File a Notice of Appeal

{9} We first address whether the WCJ had authority to grant Petitioner's motion for an extension of time to file her notice of appeal. Within the Rules of Appellate Procedure, there are two sets of rules that address how appeals should be made to appellate courts. Rules 12-201 to 12-216 NMRA govern appeals from the district court and Rules 12-601 to 12-608 NMRA govern appeals from special proceedings, including proceedings before administrative agencies. Rule 12-601(C), which governs appeals taken from administrative agencies, states:

Whenever in these rules a duty is to be performed by, service is to be made upon, or reference is made to the district court or a judge or clerk of the district court, the board, commission, administrative agency or official whose action is appealed from shall be substituted for the district court or a judge or clerk of the district court, except that any request for extension of time must be made to the appellate court.

(Emphasis added.) In contrast, Rule 12-201(E)(2), which governs appeals taken from the district court, states:

After the time has expired for filing a notice of appeal, upon a showing of excusable neglect or circumstances beyond the control of the appellant, the district court may extend the time for filing a notice of appeal by any party for a period not to exceed thirty (30) days from the expiration of time otherwise provided by this rule, but it shall be made upon motion and notice to all parties.

(Emphasis added.) Thus, whereas Rule 12-201(E)(2) gives the district court, as the lower tribunal, authority to extend the time for filing a notice of appeal, Rule 12-601(C) expressly divests the administrative agency of that authority and gives the Court of Appeals that authority.

{10} Petitioner argues that "[t]he supreme court should take this opportunity to eliminate the confusion created by Rule 12-601 and declare that workers' compensation benefits cases (where the legislature has provided a direct appeal to the court of appeals) will be decided under the same rules as appeals from district courts." To address Petitioner's claim, we must determine whether the appellate rules for the district courts or for administrative agencies apply to requests for extensions of time to file a notice of appeal challenging a decision made by the Workers' Compensation Administration (WCA). We review de novo the question of whether a lower court has authority to grant an extension of time for filing a notice of appeal. Chavez v. U-Haul Co. of N.M., 1997-NMSC-051, ¶ 13, 124 N.M. 165, 947 P.2d 122. If authority exists, we uphold the extension absent an abuse of discretion. Id. ¶ 26.

{11} In support of her argument that the WCJ had authority pursuant to Rule 12-201(E)(2) to grant her an extension of time to file a notice of appeal, Petitioner relies on NMSA 1978, Section 52-5-8(B) (1989) of the Workers' Compensation Act, which provides that a decision by a WCJ is "reviewable by the court of appeals in the manner provided for other cases." Petitioner interprets this provision to mean that a WCJ decision should be governed by the district court rules, and thus Rule 12-201(E)(2...