R Bianco v. Horror One ( 2009 )

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
2 ROSEANNE BIANCO,
3 Worker-Appellant,
4 v. NO. 27,887
5 HORROR ONE PRODUCTIONS,
6 AXIUM INTERNATIONAL and
7 AIG/GALLAGHER BASSETT
8 SERVICES INC.,
9 Employer-Insurer-Appellees.
10 APPEAL FROM THE WORKERS’ COMPENSATION ADMINISTRATION
11 Gregory D. Griego, Workers’ Compensation Judge
12 Narciso Garcia, Jr.
13 Albuquerque, NM
14 for Appellant
15 Maestas & Suggett, P.C.
16 Paul Maestas
17 Albuquerque, NM
18 for Appellees
19 MEMORANDUM OPINION
20 KENNEDY, Judge.
21 Worker appeals a compensation order denying her benefits for psychological
22 injuries. In our notice, we proposed to affirm on the basis that there was sufficient
23 evidence to support a determination that Worker’s psychological injuries were not
1 caused by the work-related accident. Worker has timely responded. We have
2 considered her arguments and, finding them unpersuasive, we affirm.
3 In our notice, we proposed to affirm the decision of the Workers’ Compensation
4 Judge (WCJ) on the basis of his finding that the doctors’ testimony was suspect
5 because Worker had not fully disclosed her prior history of psychological problems.
6 Worker has responded that the WCJ made no such finding. The WCJ is required to
7 make only such ultimate findings of fact as are necessary to support its decision.
8 Apodaca v. Payroll Express, Inc., 116 N.M. 816, 818, 867 P.2d 1198, 1200 (Ct. App.
9 1993). Evidentiary findings to support the ultimate factual finding are not required.
10 Griego v. Bag ‘N Save Food Emporium, 109 N.M. 287, 291, 784 P.2d 1030, 1034 (Ct.
11 Ohio App. 1989).
12 Here, the WCJ explained his ultimate findings in his written memorandum
13 opinion. Thereafter, the compensation order including the ultimate findings of fact
14 was filed. The WCJ found as ultimate fact that Worker was not entitled to medical
15 treatment for psychological care as it was not work related. RP 201] That finding is
16 supported by the evidence as explained in the opinion of the WCJ.
17 Worker contends that the doctors’ testimony regarding causation was
18 uncontradicted. [MIO 3] In fact, their testimony was contradicted by the evidence
19 that Worker had a history of psychological problems, which she had failed to disclose
2
1 to them. We have often stated that a medical expert’s testimony is only a good as the
2 information that underlies it. See Banks v. IMC Kalium Carlsbad Potash Co., 2003-
3 NMCA-026, ¶ 35, 135 N.M. 421, 77 P.3d 1014; Neiderstadt v. Ancho Rico Consol.
4 Mines, 88 N.M. 48, 51, 536 P.2d 1104, 1107 (Ct. App. 1975). Where a doctor has not
5 been given pertinent information about Worker’s pre-existing medical condition, that
6 doctor’s testimony regarding causation cannot satisfy Worker’s burden to show
7 causation. Contrary to Worker’s assertion that her doctors’ testimony was
8 uncontradicted regarding causation, the evidence established that the testimony was
9 contradicted by Worker’s failure to give those doctors a complete psychological
10 history when she sought treatment.
11 We conclude that the evidence supports the finding that the psychological
12 injury was not work related. Therefore, for the reasons stated herein and our notice
13 of proposed disposition, we affirm.
14 IT IS SO ORDERED.
15 ___________________________________
16 RODERICK T. KENNEDY, Judge
17 WE CONCUR:
1 ___________________________
2 CELIA FOY CASTILLO, Judge
3 ___________________________
4 LINDA M. VANZI, Judge
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