Santos v. Pub. Sch. Sys.
CourtSupreme Court of The Commonwealth of The Northern Mariana Islands
Date FiledMay 29, 2002
Docket2000-026
JudgeDemapan, Castro, Manglona
StatusPublished
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Full Opinion
Y
B012
June
held
Decided
94
as
0680
Hearing
Civil
96950
and
Esq
Saipan
Cite
Action
MP
IN
2002
AND
vTroy
School
System
Workers
COMMONWEALTH
THE
OF
Vo
of ublic
ANTOS
ana
001
Compensation
on x
Antonio
for
COURT
Counsel
026
2000
No
29
FOR
May
7
Commission
Appellant
PUBLICATION
SCHOOL
ANTONIO
Deceased
behalf
ISLANDS
MARIANA
NORTHERN
SUPREME
Appeal
Employer
Kathleen
Reynaldo
501247
Claimant
Santos
OPINION
Carrier
COMMISSION
COMPENSATION
Appellee
SYSTEM
SUSANA
WORKERS
500052
ORDER
Rucker
FOR PUBLICATION
Appeal No. 2000-026
IN THE SUPREME COURT OF THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
ANTONIO A. SANTOS, on behalf of
SUSANA A. SANTOS (Deceased - Claimant)
Claimant / Appellant,
v.
PUBLIC SCHOOL SYSTEM,
Employer / Appellee,
and
WORKERS' COMPENSATION COMMISSION,
Carrier / Appellee.
OPINION AND ORDER
Cite as: Santos v. Public School System, 2002 MP 012
Civil Action No. 94-0680
Hearing held June 7, 2001
Decided May 29,2002
Counsel for Antonio A. Santos, Counsel for Workers' Compensation
Claimant-Appellant: Commission, Carrier-Appellee:
Reynaldo O. Yana, Esq. Kathleen Troy-Rucker, Esq.
P.O. Box 500052 P.O. Box 501247
Saipan, MP 96950 Saipan, MP 96950
raising s
while
status
travel
particular
dictates
any
day
each
job
vwho
from
barred
was
Court
Camacho
whether
NMI
administrative
stated
same
JOHN
Mariana
appeals
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CNMI
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Any s
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ALEXANDRO
antos
usana
ince
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workers
pursuant
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trial
court
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agency
W
the
ISSUES
PRESENTED
AND
OF
REVIEW
2
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Justice
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S
9112
0
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of
action
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forth
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1
we
review
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to
et
9101
APA
Act
Procedureout
ing
Administrative
agencies
employee
provided
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entitled
shall
employer
her
behalf
hour
seq
his
remand
judicial
because
Northern
Commonwealth
wife
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Antonio
Appellant
MANGLONA
Associate
and
MIGUEL
BEFORE
four
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BEFORE: MIGUEL S. DEMAPAN, Chief Justice, ALEXANDRO C. CASTRO and
JOHN A. MANGLONA, Associate Justices.
MANGLONA, Associate Justice:
�1 Appellant Antonio A. Santos ("Antonio") appeals a Decision and Order of the
Superior Court denying claims for workers' compensation benefits for the death of his
wife, Susana A. Santos ("Susana" or "decedent"). We have jurisdiction pursuant to
Article IV § 3 of the Constitution of the Commonwealth of the Northern Mariana Islands
("CNMI") and 1 CMC § 3102 (a). We reverse and remand with instructions.
ISSUES PRESENTI:D AND STANDARDS OF REVIEW
The following issues are presented for our review:
I. Whether Antonio was barred from raising the issue of whether the
decedent's death while traveling on behalf of her employer was
compensable because of the "twenty-four hour rule,"! and, if not,
II. Whether the decedent's death while traveling on behalf of her employer
was compensable because of the "twenty-four hour rule."
�3 Camacho v. Northern Marianas Retirement Fund, 1 N.M.I. 364, 366 (1 990) sets
forth the proper standard of review for judicial review of agency action.2 Our review of
I The "twenty-four hour rule," found in WCCRR § 3.102, provides, in pertinent parts:
Any employee who travels within or without the Commonwealth on behalf of his/her
employer shall be entitled to compensation as provided by law in the same manner as an
employee who is injured on the job in the Commonwealth. The employee's coverage
while on travel status is 24 hours each day ....
2In Camacho, we stated:
We review the actions of NMI administrative agencies according to the dictates of the
Commonwealth Administrative Procedure Act ("APA"), 1 CMC § § 9 1 0 1 et seq. The
standards for judicial review of agency action are set forth in 1 CMC § 9112(t). Since we
review agency action on the identical basis as the trial court, we are not required to
accord any particular deference to the trial court's conclusions. Our review of the trial
court's review of agency action is de novo.
Hafadai
Chamorro
finding
err
did
ER
basis
Bilingual
law
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PSS
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ssertion
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BACKGROUND
superior
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night
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that
Hearing
held
conference
Anformal
4
death
Commission
due
On
dead
pronounced
early
In
hereinafter
assist
S
of
scheduled
February
workshops
history
in
to
1
9
on
had
Assistant
employee
an
was
submitted
for nclusion
use
oneous
December
based
upon nt
substantial
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after
arrest
5
2 tonio
Workers
no
workers
compensation
Edward
Tinian
colleagues
raised
under
being
hosted
Compensation
this
participate
medical
Administrative
WCC
cardiac
court
agency
action
is vo
3
we
with
give
deference
respect
health
Officer
pay
At
special s
the superior court's review of the agency action is de novo. 3 While we give "no special
deference to the court's conclusion that the [agency's] was based upon substantial
evidence, we are to affirm if we conclude that the court did not err in finding substantial
evidence supporting the [agency's] decision, and if the [agency] did not misapply the
law." In re Hafadai Beach Hotel Extension, 4 N.M.I. 37,41 (1 993).
FACTUAL AND PROCEDURAL BACKGROUND
�4 Susana was an employee of the Public School System ("PSS") and worked under
the Chamorro Bilingual Program as an Administrative Assistant. She had no medical
history with respect to her health. Susana went to Tinian under an official travel
authorization on February 9, 1 992, to assist and participate in a series of scheduled
workshops. On the night of February 1 1 , 1 992, Susana and her colleagues went to a
nightclub after being hosted for dinner at a friend's house.4 After one dance, she
collapsed and lost consciousness. In the early morning of February 1 2, 1 992, Susana was
pronounced dead due to cardiac arrest.
�5 On December 2,1 992, Antonio submitted a claim to the Workers' Compensation
Commission (hereinafter "WCC") for workers' compensation death benefits. An
informal conference was held, and Administrative Hearing Officer Edward H. Manglona
recommended that WCC pay the benefits. At this informal hearing, Antonio raised the
issue of whether "employees on travel status are covered on a 24 hour basis[.]" ER 1 4.
A formal hearingS was held on October 6, 1 993; this hearing resulted in a decision in
3 We reject Appellant's (Antonio's) assertion that we should apply a "clearly erroneous" standard of
review. The Appellees' brief did not include the applicable standards of review.
4 Appellant's Excerpts ofRecord at 23 and 89.
5 The formal hearing was held before the same administrative hearing officer.
6
to
91
in
of
A
3
G
as
P
1 implied
with
belief
proceeded
when
while
Santos
prove
ruling
must
decedent
raising
barred
first
by
filed
argued
time
applied
decision
Regulations
Court
found
original
judge
briefs
from
moved
He
trial
attorney
judgment
entitled
regardless
under
activity
impression
Tinian
on
applicable
onstante
ompensable
ase
02
7
992
izama
ntonio
t
ppellant
SS
overed
terpret
jury
adequate
cCart
otion
ficer
hether
xplicably
n
omedy
employer
traveling
behalf
record
dispositive
although
ausal
overage
tipulate
whether
tipulation
ought
uan
an
laiming
ummary
ounsel7
he
ourt
connection
hour
four
twenty
because
her
WCCRR
for
death
benefits
had
actual
employee
rule
argues
that
itheld
unenforceable
Case
269
SPN
Commission
not
raised
was
favor
7
did
apply
this
appeal
Thewe
denied
the
duties
request
Rebecca
See
repealed
hearing
agreement
judicial
Superior
but
properly
before
providedd
matter
24
errors
now
failed
review
us
In
administrative
JL
his
decipher
far
attempted
establish
October
issue
full
each s
denial ly
applicability
between
Susana
sand
below
parties
wrote
vM se
CIGNA
performance
We
Rule ed
favor of WCC. At each of these hearings, the parties attempted to stipulate that the
"twenty-four hour rule," Rule 3.102 of the WCC Rules and Regulations, did not apply.6
�6 Antonio appealed the denial of benefits to the full WCe. The issue of the
applicability of WCCRR § 3.102 was not raised in this appeal. The Commission denied
the request for death benefits because Antonio had failed to establish a causal connection
between Susana's death and the performance of her duties as a PSS employee.
�7 Antonio then sought judicial review in the Superior Court. He moved for
summary judgment, claiming that WCCRR § 3.102 applied and that he was entitled to the
death benefits regardless of the activity at the time of Susana's death, as she was on
Tinian at the request of PSS. The trial court denied Antonio's motion, ruling that
Antonio was barred from raising the issue of WCCRR § 3.1 02 for the first time on
appeal. Antonio timely filed his appeal with this Court.
I. Whether Antonio was barred from raising the issue of whether Susana's death
while traveling on behalf of her employer was compensable because of the
"twenty- four hour rule."
�8 Antonio argues that issue of twenty-four hour coverage was raised below and that,
but for a "comedy of errors," is properly before us at this time. As far as we can decipher
from his briefs, Antonio argues that his counset1 was under the impression that the parties
had stipulated that WCCRR § 3.1 02 was applicable to his claim, while the WCC
"proceeded with the implied belief that [Santos] must prove that the decedent was
covered by the 24-hour rule when [WCC] argued that the decedent's injury was not in the
6 The record before us is inadequate in that, although it is the dispositive issue in this case, inexplicably, the
actual agreement between the parties was not provided to us. In his decision, the administrative hearing
officer wrote: "The issue stipulated between the parties was the matter of 24 hour coverage. The 24-hour
rule found in the WCC Rules and Regulations was repealed because it was held to be unenforceable. See
Rebecca G. Constante v. McCart and CIGNA, WCC Case SPN-91-269 (October 26, 1 992)." We interpret
this to be the stipulation.
7 Juan T. Lizama, now a Superior Court judge, was the original attorney for Appellant.
1
3E
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at
not
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was
in
to D
hour
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2
rule
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rom
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rief
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ommonwealth
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reading
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ir
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Antonio
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and
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his
hree
ew
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eing
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clear
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Brown
her s
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review
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arianas
P
arch
to
is atement
frecord
Appellantief
ipulated
pending
court
doubt
while
motion
January
with
arisen
time
when
appeal
agreeipulation
argues
theory
NMI
Idourt
existorthern
argument
thingamacho
consider
proves
discuss xt
judgment
Underwriters
troublesome
Insurance
disagreement
employment
appellate
generally
exceptions
Retirement
coverage
absolutely
applicability
ecause
construction
numbered
presented
regulation
unchanged
remained
actual
ought
laim ation
ummary
isputed
lleged
course of her employment." Appellant's brief at 6-7. This disagreement, therefore,
proves that " [c]learly, the 24-hr rule was far from being a non-issue." Id. at 7.
�9 WCC argues that the issue of WCCRR § 3.102's alleged applicability to
Antonio's claim was not raised until Antonio sought review in the Superior Court. We
agree with WCC that the issue of WCCRR § 3.102 was not raised until the January 1998
summary judgment motion in the Superior Court. No honest reading of the record
presented to us allows for the construction urged by Antonio.8
�1 0 The appellate court's consideration of issues not raised below has been adduced in
a number of cases. See Camacho v. Northern Marianas Retirement Fund, 1 N.M.1. 364,
372 (1 990) (citing CNMI v. Micronesian Insurance Underwriters, Inc., 3 CR 731 , 738
(D.N.M.I. App. Div. 1 989) and Brown v. Civil Service Commission, 81 8 F.2d 706 (9th
Cir. 1 987)); Commonwealth v. Kaipat, 1996 MP 20. An appellate court will generally
not discuss an issue not raised below. Limon v. Camacho, 1996 MP 18 �9. Three
exceptions to this general rule exist. First, we will consider an argument raised for the
first time on appeal when a new theory or issue has arisen because of a change in the law
while the appeal is pending. Id. That is not the case here. There has been no change to
WCCRR § 3.1 02 since March, 1992.9
�11 Next, we will consider an argument raised for the first time on appeal when the
issue is purely one of law that does not rely on any factual record. Id. . Such is not the
case here. The applicability of WCCRR § 3.102 to this case hinges on a factual record:
8 Especially troublesome is the statement: "Whether there was a stipulation or not, one thing is clear: if
they stipulated, the stipulation would have been whether the 24-hour rule coverage was, or was not, a
disputed issue." Appellant's Brief at 6. There is absolutely no doubt that the parties entered into a
stipulation.
9 Prior to March, 1992, WCCRR § 3.102 was numbered WCCRR § 3.103; the regulation remained
unchanged.
Ada
rely
See
record
tenet
id
American
Public
appellate
binding
Avila
jurisprudence
does
due
have
occasion
School
exception
4260
System
Smith
applicable
Record
committed
either
This
involves
treat
health
night
On
added
TinianofPSS
resultfore
might
Appellant
below
raised
admitted
found
consider
review
injustice
N
parties
unless
ranch
ullity
20
ebruary
inally
aipat
rief
ablan
ngineering
xcerpts
ice
ell
984
ith
hy
ere
hile
as
hen
sue
ill
adison
ficial
938
required
this
documentary
based
43
02
81
89
07
996
Valley
77
87
37nsequently
519
939
mphasis
803
1
917
edrock
province
Swift
stipulations
by
bound
not
are
established
itery
Marbury
law
tohat
Railway
emphatically
that
questions
say
her
F
3
injured
courts
U
employee
vH
Co
is
Decedent
K
employer
of
behalf
on
traveling
2
facts
an
w
1
Susana
as
such
determinations
factual
the
evidence
B
L
E0
83
We
reason
Id
had
history
fell
ill
Appellee
or
at
see
The
collapsed
later
medical
decedent
722
plain
respect
judicial
492
died
must
made 5
6cking
34
d
Although
MP
9
present
case
5th
Circuit
499
cert
denied
In
duty
6 mmonwealth
requisite
error
occurred
department
re
2
factual detenninations such as: Susana (1 ) was an employee of an employer in the
Commonwealth; (2) was traveling on behalf of her employer; and (3) was injured or died
must be made. Although the requisite facts were either found by the court or admitted by
the parties,10 we will not consider the issue unless it does not rely on any factual record.
See id.
�12 Finally, we will review an issue not raised below when plain error was committed
and an injustice might result unless we consider the issue. ld. We have had occasion to
review issues not raised below due to the plain error exception. See Ada v. Sablan, 1
N.M.I. 415, 426-27 n.12 (1 990) ("[The plain error exception is] applicable in this case.");
Commonwealth v. Kaipat, 1996 MP 20 �9
In the present case, there is no question that plain error occurred. This error
involves the stipulation. A bedrock tenet of American jurisprudence is "[i]t is
emphatically the province and duty of the judicial department to say what the law is."
Marbury v. Madison, 5 U.S. 1 37, 1 77,2 L.Ed. 60, 1 Cranch 1 37 (1803). Consequently, it
is very well established that courts in the 9th Circuit are not bound by stipulations as to
questions of law. Swift & Co. v. Hocking Valley Railway Co. , 243 U.S. 281 , 289, 37
S.Ct. 287, 289, 61 L.Ed. 722 (191 7) ("We treat the stipulation, therefore, as a nullity.");
Avila v. INS., 731 F.2d 61 6,620 (9 Cir. 1984) ("A stipulation of law is not binding on an
appellate court."); Smith Engineering Co. v. Rice, 1 02 F.2d 492, 499 (9th Cir.1 938), cert.
denied, 307 U.S. 637, 59 S.Ct. 1 034, 83 L.Ed. 1 51 9 (1939) ("We see no reason why we
10
"The decedent was an employee of the Public School System." Appellant's Excerpts of Record at 24.
"The decedent was on an official travel required by her employer based on documentary evidence." Id
"The decedent had no medical history with respect to her health." Id. at 25. "On the night of 1 1 February
1992, while on Tinian on behalf of pss . . Decedent fell ill and later collapsed." Appellee's Brief at 2
.
(emphasis added).
3
Now
The
solely
Appellee
B
6
disagree
emphasis
administrative
LIZAMA
formal
seen
apparent
both
As
WCCRR
apply
did
rule
come
occurred
14ur
review
convinces
near
status
Will
with
Hearing
rested
going
impartial
affect
added
us
end
case
consider
must
determine
twenty
four
result
might
repealed
unenforceable
held
agreed
unless
18
Limon
1996
MP
9
mindful
misunderstanding
when
Mr
MANGLONA
revealing
regards
error
then
12
brought
decide
at
him
wherein
cited
explicitly
clear
While
15
plain
Iresources
hearing
these
are
now
that
medical
opinion
as
part
of
record
make
Eregarding
stipulation
Appellant
will
Record
this
file
is
in
should
look
be 4
6justice
fficer
sisted
dependent
ne
to
sue
rief
xcerpts
02
14
air
admitted
available
all
So
accept
MR
felt
one
by
upon
not
was
law ficer
applicable
decision
ittakes
exchange
2
TENORIO
hour
concerning
may
waive
but
two
An
stipulate
counsel
erroneous
other
what
we
think
would
an
bound
also
like
to uM
yies
sition
d
cause
y
fore
Patrick
do
you
have
closing
statements
close
than
O y
say
everything
should make what we think would be an erroneous decision, because the applicable law
was not insisted upon by one of the parties.").
�14 Our review of the record convinces us that the administrative hearing officer felt
bound to accept the stipulation of clOunsei. An exchange that occurred near the end of the
formal hearing is revealing:
MR. MANGLONA: So all these are now admitted into the record. I
would also like to say that everything that is in the file other than that
independent medical opinion will be admitted as part of the record of this
hearing. Patrick, do you have any closing statements before we close the
hearing?
MR. TENORIO: Is the 24-hour status going to be an issue on the
decision? Will that affect this case?
MR. LIZAMA: I think that is not an issue.
MR. TENORIO: So, Mr. Hearing Officer, that will not be brought into
the decision when you decide on this case?
MR. MANGLONA: I will look at all available resources to come up with
a fair and impartial decision. Now do you have a closing statement?
E.R. 1 1 4 (emphasis added). The hearing officer did not apply WCCRR § 3.102; it is
apparent, then, that he felt that WCCRR § 3.102 was not available to him because of the
II
stipulation.
�15 While it is clear that plain error occurred, we must also determine that "an
injustice might result unless we consider the issue." Limon, 1996 MP 1 8 �9. We are
mindful of Appellee's position that "Any misunderstanding regarding the stipulation
concerning the 24 hour rule rested solely with Appellant." Appellee's Brief at 6. We
12
disagree. As will be seen, both parties were in error in regards to the stipulation.
II
The hearing officer explicitly cited the stipulation wherein the parties agreed that the "twenty-four hour
rule" in WCCRR § 3.102 was "repealed because it was held to be unenforceable." Appellant's Excerpts of
Record at 26.
12
One party may waive an issue, but it takes two to stipulate.
way
case
Ifuch
proceeded
change
would
origin
travel
9303
unjust
performance
exact
while
accident
uphold
L
unreasonable
possible
Id
whether
7oubt
tribunal
whenever
Again
operating
automobile
before
who
are
required
were
record
laboring
understanding
employed
outside
country
category
cannot
accorded
us
ouralysis
id7fficer
ase
IGNA
om
01
4
5
02
03
onstante
arapan
juries
aymer
terest
jured
adequate
cCart
agnitude
anifestly
day
ficer
remains
tipulation
found
considers
January
entirety
renumbered
udgment
ought
hall
isappears
ure
hould
pecial
ubjected
eemed
aundromat
8MC
order RR
is
m
of
applicable
prior
to
v d
for
her
relying
that
part
Rules
See
the
Hearing
law
by
Administrator
The
Rebecca
an
It
1992
3
269
91
SPN
WCC
C
G also
enforceable
at
in
March
O6
4
apparently
Any
assertion
fact
snot
d
claimant
In
compensation
hearing
Wee
Manglona
employees
covered
heading
Administrative
being
Not
went
far
exception
applies
J3
basisir
advance
this
work
jwhat
provided
Regs
Regulations
repealed
was
hour
24
itheld
implicated
9078efore
Non
on
employers
resident
rule
because
unenforceable
statement
taken
conception
ober
sies
ing
�16 Any assertion that "the 24 hour rule" in WCCRR § 3.102 "was repealed because it
was held to be unenforceable" is a misstatement of the applicable law.13
�17 In Constante, the claimant, a non-resident worker, was injured in an automobile
accident while on her way to a Laundromat in Garapan prior to heading to work.
Rebecca G. Constante v. McCart and CIGNA, WCC Case SPN-91-269 at 4 (October 26,
1992). Constante sought compensation for her injuries, "apparently relying on Rule
,,
3.101. 14 Id. WCCRR § 3.10215 was not implicated in Constante. In fact, the hearing
officer went so far as to say, "The: exception applies to employees who are required to
travel in the performance of a job in order to advance the employers' interest. Not being
a 'traveling employee', the claimant cannot and should not be subjected to the special
rules accorded to that category of employees." Id. at 7.
�1 8 Any doubt as to whether the 24-hour rule found in WCCRR § 3.1 03 was repealed
disappears when one considers that WCCRR § 3.101 was repealed in its entirety on
January 16, 1 992, id. at 2, and WCCRR § 3.1 03 was, in its entirety, renumbered
WCCRR § 3.1 02 in March, 1992. It remains an enforceable part of the WCC Rules and
Regulations today. See WCC Rules and Regs., 1 4 Com. Reg. 9078 (Mar. 1 5, 1 992).
Therefore, because the parties to the stipulation and the hearing officer were operating
13 Again, because of the inadequate record before us, we cannot be sure of the exact stipulation of the
parties. It is possible that the hearing officer was laboring under a misconception as to what the applicable
law was. We note that Administrative Hearing Officer Manglona was also the hearing officer in Constante.
See Rebecca G. Constante v. McCart and CIGNA, WCC Case SPN-91-269 (October 26, 1992). If such
were the case, our analysis would not change. It would be manifestly unjust to uphold a judgment when the
tribunal proceeded under a mistaken understanding of the law of this magnitude.
14 Rule 3.101 provided: "Non-resident worker employees shall be covered on a 24 hour basis whenever
employed outside their country of origin, except as provided in 4 CMC 9303(d), or as deemed unreasonable
by the Administrator."
1 5 The former WCCRR § 3.103.
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under an incorrect understanding of the relevant law, plain error was committed and an
injustice might result unless we consider the issue.
II. Whether Susana's death while traveling on behalf of her employer was compensable
because of the "twenty-four hour rule."
A. WCCRR § 3.102 does not create an irrebuttable presumption that any
injury sustained by an employee while on travel status is automatically
compensable under the Commonwealth's workers' compensation system.
�19 Antonio argues that WCCRR § 3.1 02 conclusively presumes that an injury
sustained by an employee while on travel status arises out of and in the course of her
employment. Therefore, it is not necessary for the claimant to prove that her injury arose
out of and in the course of her employment. 16 Consequently, Antonio is entitled to
workers' compensation death benefits because Susana died while traveling on behalf of
PSS.
�20 WCC argues that WCCRR � 3.102 does not conclusively presume that an injury
sustained by an employee while on travel status arises out of and in the course of her
employment.17 WCC next argues that the construction urged by Antonio runs afoul of
the intent of workers' compensation system, stating: "Worker's compensation is not
designed to contemplate coverage or benefits for situations in which an employee is
,,
pursuing, or engaged in, activities not related to employment. 18 Finally, WCC argues
that the construction advanced by Antonio would place WCCRR § 3.1 02 outside the
scope of statutorily permissible coverage delineated in 4 CMC § 9303(a).19
16
For these propositions, Antonio cites WCCRR § 3.102 and 4 CMC § 9303(a).
17 For these propositions, WCC cites WCCRR § 3.102 and 4 CMC � 9303(a).
18
WCC cites Malacarne v. City of Yonkers Parking Authority, 391 N.Y.S. 2d 402, 406 (1976) for this
assertion.
194 CMC § 9303(a) reads: "Compensation shall be payable under this chapter in case of disability or death
of an employee, but only if the disability or death results from an injury or illness arising out of and in the
course of employment."
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,-r21 We agree with WCC that WCCRR § 3.102 does not create an irrebuttable
presumption that any injury sustained by a traveling employee is automatically
compensable under the Commonwealth's workers' compensation statutes.
At first blush, a plain reading of the rule would lead a reasonable person to
believe that WCCRR creates the conclusive presumption urged by Antonio. This is due
to the phrase "on the job." It must be noted that the phrase "on the job" is neither defined
in the Workers' Compensation Rules and Regulations; nor is it defined in the
Commonwealth Code,20 nor have we considered the issue. When construing statutes, we
use the plain meaning of words. Estate of Faisao v. Tenorio, 4 N.M.I. 260, 265 (1995).
Our understanding of the plain meaning of "on the job" translates to "at work, while
working." Thus, one could read \VCCRR § 3.1 02 as authorizing payment to a traveling
employee in the same manner as an employee who is injured at work, while working;
certainly a compensable claim.
The construction advanced by WCC would tend to render the phrase "on the job"
superfluous. An employee who had to prove that his injury was job related would be
treated "in the same manner as an employee who was injured in the Commonwealth" and