Mata v. Panhandle Oilfield Services
35,814
| N.M. Ct. App. | Jun 14, 2017Background
- Worker Randy Mata appealed a WCA order that granted temporary total disability and permanent partial disability for psychological injuries but denied permanent partial disability for alleged physical injuries.
- Worker proceeded pro se on appeal; Employer/Insurer (Panhandle Oilfield Services and Travelers) defended the WCA decision.
- Worker asserted three central complaints: the hearing was unfair, he received ineffective assistance of counsel, and multiple WCA findings were erroneous.
- The Court of Appeals issued a notice proposing to affirm, concluding Worker failed to show hearing unfairness, ineffective assistance of counsel is not a right in WCA proceedings, and the WCA’s factual findings were supported by the record.
- Worker submitted a memorandum in opposition with additional exhibits; the court declined to consider exhibits not shown to be part of the administrative record and noted that contrary evidence does not overturn factfinder’s findings when the whole record supports them.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Worker was denied a fair hearing | Hearing was conducted unfairly | Hearing was fair and procedures followed | Court: No showing of unfairness; proposed affirmance sustained |
| Whether Worker is entitled to effective assistance of counsel in WCA proceedings | Worker argued counsel was ineffective | Employer: No right to counsel assistance in WCA proceedings on appeal | Court: No entitlement to effective assistance of counsel in WCA proceedings |
| Whether WCA’s factual findings were erroneous | WCA findings contradicted by Worker’s evidence and new exhibits | WCA findings supported by whole record; contrary evidence does not control | Court: Affirmed; Worker failed to show the whole record did not support WCA findings |
Key Cases Cited
- Tom Growney Equip. Co. v. Jouett, 113 P.3d 320 (N.M. 2005) (when testimony conflicts, appellate review asks whether evidence supports trier of fact)
- Leonard v. Payday Prof'l, 168 P.3d 177 (N.M. Ct. App. 2007) (workers’ compensation orders reviewed under whole-record standard)
- Campos Enters. v. Edwin K. Williams & Co., 964 P.2d 855 (N.M. Ct. App. 1998) (appellate review limited to matters presented to the trial court)
- Kepler v. Slade, 896 P.2d 482 (N.M. 1995) (matters outside the record present no issue for review)