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Redhouse v. Public Service Co.

Citations: 107 N.M. 389; 758 P.2d 803Docket: Nos. 10161, 10162

Court: New Mexico Court of Appeals; April 19, 1988; New Mexico; State Appellate Court

Narrative Opinion Summary

This case involves plaintiffs appealing the dismissal of their workers' compensation claims, which were combined for judicial review. The primary legal issues revolve around whether the claims were prematurely filed and whether they were moot. The court concluded that the claims were moot because the defendant had paid all arrearages and there were no outstanding issues regarding payment refusal. The trial court's summary judgment was upheld since the claims were filed after the issues had been resolved, and there were no material facts in dispute. The court further affirmed the defendant's right to credit paid accident leave against its workers' compensation liability, citing uncontradicted testimony and relevant case law, particularly Roybal v. County of Santa Fe. However, the dismissal of Jacquez’s claim for an unpaid medical bill was reversed, as it was found to be improperly dismissed. The court ruled that no attorney fees are warranted due to the mootness of the claims, but noted that Jacquez's attorney's efforts should be considered if the trial court finds the defendant liable for the medical bill. The court's decision was affirmed, with Judge Minzner and Judge Apodaca concurring, and oral argument was deemed unnecessary.

Legal Issues Addressed

Attorney Fees in Workers' Compensation Claims

Application: No attorney fees are warranted for pursuing additional recovery since the claims for compensation were moot.

Reasoning: Consequently, no attorney fees are warranted for pursuing additional recovery.

Crediting Paid Accident Leave Against Workers' Compensation Liability

Application: The defendant is entitled to credit paid accident leave against its workers' compensation liability, supported by uncontradicted testimony and precedent.

Reasoning: It is established that the defendant can credit its accident leave payments toward its worker’s compensation liability, supported by uncontradicted testimony from Vicki Abercrombie, the worker’s compensation administrator.

Mootness in Workers' Compensation Claims

Application: The court found that the claims for workers' compensation were moot because all arrearages were paid by the defendant, and there was no refusal to pay these arrearages.

Reasoning: The court determined that the claims were moot for two reasons: (1) attorney fees were not applicable since all arrearages were paid by the defendant, and (2) there was no claim of refusal to pay these arrearages.

Premature Filing of Claims

Application: The trial court ruled the claims were prematurely filed, as the issues had been addressed before the filing of the complaints.

Reasoning: The trial court ruled the claims were prematurely filed, and summary judgment was granted as there were no material facts in dispute.

Reversal of Dismissal for Unpaid Medical Bills

Application: The dismissal of Jacquez’s claim for an unpaid medical bill was reversed, as it was wrongly dismissed.

Reasoning: The court agrees with the parties that a portion of Jacquez’s complaint regarding payment of a medical bill was wrongly dismissed, leading to a reversal of that dismissal.