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

• On July 9, 2015, a worker employed by Pueblo of Sandia was injured in a work-related accident when the shuttle bus he was driving was rear-ended. He sustained injuries to his back, neck, arms, and hips. After a brief period, he was cleared to return to light-duty work with specific restrictions. He resumed driving the shuttle three months later, following an upgrade in his medical clearance. However, he resigned on January 2, 2016, for personal reasons unrelated to his job duties (paras 2-3).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Worker-Appellant: Argued that he is entitled to temporary total disability (TTD) benefits beyond his resignation date, despite leaving the workforce voluntarily, because he was not paid pre-injury wages post-accident and compared his situation to a precedent where TTD benefits were awarded after termination for cause (paras 9, 13-14).
• Employer/Insurer-Appellees: Contended that the worker is not entitled to TTD benefits after resignation because he was compensated above his pre-injury wage before leaving the job voluntarily. They also argued that the precedent cited by the worker was not applicable to this case (para 10).

Legal Issues

• Whether the worker is entitled to TTD benefits after voluntarily resigning from his position for personal reasons unrelated to his job duties (para 5).

Disposition

• The Court of Appeals affirmed the Workers’ Compensation Judge’s order that the worker is not entitled to TTD benefits beyond his resignation date (para 21).

Reasons

• The Court, per Judge Hanisee, with Judges Medina and Bosson concurring, held that under the applicable version of Section 52-1-25.1 (2005), the worker was not entitled to TTD benefits beyond his resignation date because he was compensated above his pre-injury wage before leaving and was medically cleared to perform his duties. The Court found the worker's comparison to a previous case (Lackey) inapplicable because, in Lackey, the worker was terminated for cause and was not making pre-injury wages at the time of termination, unlike the present case where the worker voluntarily resigned for personal reasons and was making more than his pre-injury wages at the time of resignation. The Court also noted that awarding TTD benefits after voluntary resignation would contradict the legislative goals of promoting rehiring of injured workers and reducing reliance on compensation benefits (paras 6-19).