STANDARD OF REVIEW 7. An award of attorney fees is a matter within the WCJ's discretion. Cordova v. Taos Ski Valley, Inc., 121 N.M. 258, 263, 910 P.2d 334, 339 (Ct.App. 1995). On appeal, this Court will overturn an award of attorney fees only if the WCJ has abused his discretion.
A worker's compensation judge exercises broad discretion in awarding attorney's fees. See generally Cordova v. Taos Ski Valley, Inc., 1996-NMCA-009, 121 N.M. 258, 910 P.2d 334. We agree with Worker that facility in a non-English speaking claimant's own language can be a proper factor in awarding attorney's fees.
See State v. Rivera , 2004-NMSC-001, ¶ 13, 134 N.M. 768, 82 P.3d 939 ("[W]henever possible ... we must read different legislative enactments as harmonious instead of as contradicting one another." (second alteration in original) (internal quotation marks and citation omitted)); see also Cordova v. Taos Ski Valley, Inc. , 1996-NMCA-009, ¶ 22, 121 N.M. 258, 910 P.2d 334 ("In analyzing a statute, we must attempt to achieve internal consistency and avoid making any portion of the statute superfluous."). {34} In applying the plain meaning rule, "statutes are to be given effect as written and, where they are free from ambiguity, there is no room for construction."
{¶13} Here, Defendant does not provide evidence of prejudice-beyond mere assertion thereof-and we struggle to find any demonstration of prejudice considering (1) the district court's repeated clarifications that Plaintiff had the burden of proof as to causation, which we perceive to have effectively conveyed the substance of the instruction; and (2) Defendant's apparent failures to object or restate an objection to the instruction, submit appropriate corrections to the instruction as prompted by the district court, or otherwise correct the district court's provision of an incomplete version of UJI 13-302B. See Deaton v. Gutierrez, 2004-NMCA-043, ¶ 31, 135 N.M. 423, 89 P.3d 672; see also Cordova v. Taos Ski Valley, Inc., 1996-NMCA-009, ¶ 13, 121 N.M. 258, 910 P.2d 334 ("A party who has contributed, at least in part, to perceived shortcomings in a trial court's ruling should hardly be heard to complain about those shortcomings on appeal."). To whatever extent it may be considered error for the district court to have articulated the substance of UJI 13-302B in a manner that did not strictly adhere to the drafted rule, we deem any such error to be harmless in light of the district court's numerous instructions emphasizing the Plaintiff's burden of proof as to causation.
We thus decline, as unnecessary and redundant, Employer’s invitation to judicially incorporate the concept of pretext into the definition of "misconduct." See Cordova v. Taos Ski Valley, Inc., 1996-NMCA-009, ¶ 22, 121 N.M. 258, 910 P.2d 334 ("In analyzing a statute, we must attempt to achieve internal consistency and avoid making any portion of the statute superfluous."). 3. Legislative History
We thus decline, as unnecessary and redundant, Employer's invitation to judicially incorporate the concept of pretext into the definition of "misconduct." See Cordova v. Taos Ski Valley, Inc., 1996-NMCA-009, ¶ 22, 121 N.M. 258, 910 P.2d 334 ("In analyzing a statute, we must attempt to achieve internal consistency and avoid making any portion of the statute superfluous.").
{¶9} Based on the arguments advanced by Worker and the record before us, we cannot say the WCJ abused her discretion or otherwise erred by ruling that Worker failed to establish his offers of judgment were for amounts less than the compensation order's award. See Cordova v. Taos Ski Valley, Inc., 1996-NMCA-009, ¶ 15, 121 N.M. 258, 910 P.2d 334 ("An appellate court will overturn a fee award only when there has been an abuse of discretion or when the court has acted beyond reason."); see also Villanueva, 1995-NMCA-135, ¶ 26.
Thus, Father cannot be heard to complain on appeal because he contributed to two of the three delays of which he now complains. See Cordova v. Taos Ski Valley, Inc., 1996-NMCA-009, ¶ 13, 121 N.M. 258, 910 P.2d 334 ("A party who has contributed, at least in part, to perceived shortcomings in a trial court's ruling should hardly be heard to complain about those shortcomings on appeal.").
(internal quotation marks and citation omitted)); Cordova v. Taos Ski Valley, Inc., 1996-NMCA-009, ¶ 13, 121 N.M. 258, 910 P.2d 334 ("A party who has contributed, at least in part, to perceived shortcomings in a [district] court's ruling should hardly be heard to complain about those shortcomings on appeal."). Accordingly, based on the circumstances of this case
"In analyzing a statute, we must attempt to achieve internal consistency and avoid making any portion of the statute superfluous." See Cordovav. Taos Ski Valley, Inc., 1996-NMCA-009, ¶ 22, 121 N.M. 258, 910 P.2d 334. Thus, we agree with the WCJ's holding-Subsection B is inapplicable under these circumstances.