72 N.C. App. 645 | N.C. Ct. App. | 1985
At the time Trogdon applied for Medicaid, in order for a single applicant to qualify for Medicaid benefits, the value of the applicant’s countable assets could not exceed the sum of $1000. 10 N.C.A.C. 32F.0101 (1980).
The Department hearing officer found that prior to the accident Trogdon had used the motorcycle for “all of the transportation requirements of normal living, including transportation to and from work.” Based upon the foregoing finding and a construction of 10 N.C.A.C. 33E.0204, the Department hearing officer concluded that Trogdon’s motorcycle qualified as an essential vehicle. The hearing officer further added: “Although his resultant disability caused the motorcycle to be clearly inappropriate to his needs for an indefinite period of time, it would remain the essential vehicle until recovery permitted its usual and customary use, or until it was replaced by a more appropriate essential vehicle.”
The findings of fact of an administrative agency are conclusive if they are supported by competent, material and substantial evidence when the record is reviewed as a whole. In re Faulkner v. North Carolina State Hearing Aid Dealers and Fitters Board, 38 N.C. App. 222, 247 S.E. 2d 668 (1978). Moreover, “[t]he construction of statutes adopted by those who execute and administer them is evidence of what they mean.” State of North Carolina ex rel. Commissioner of Insurance v. North Carolina Automobile Rate Administrative Office, 294 N.C. 60, 67, 241 S.E. 2d 324, 329 (1978). The evidence was uncontradicted that Trogdon used the motorcycle as his primary means of transportation to and from work and to medical care prior to the accident.
Petitioners urge a literal interpretation of the definition of an essential vehicle. They argue that since the definition is worded in the present tense, and that since the motorcycle was not being used for any of the listed purposes at the time of application, it did not qualify as an essential vehicle. They claim the Department’s construction would lead to absurd consequences.
Petitioners’ argument is the one which leads to absurd consequences. Under petitioners’ interpretation, if Trogdon had not been so severely injured, he would have been able to use the motorcycle to obtain medical treatment and would have qualified for Medicaid benefits, but since Trogdon was paralyzed, he could not qualify. Such an interpretation is clearly contrary to the legislative intent. We believe the Department’s decision is a common sense one, consistent with the purpose of the Medicaid program.
For the foregoing reasons, we hold that the regulation was properly construed and applied, and that the findings of fact were supported by competent, material and substantial evidence.
Affirmed.
. Subchapter 32F.0101 was repealed effective 1 September 1984.
. Chapter 33 was repealed effective 1 January 1983.