Court of Appeals of New Mexico
Decision Information
Chapter 52 - Workers' Compensation - cited by 2,089 documents
Rule Set 12 - Rules of Appellate Procedure - cited by 9,882 documents
Decision Content
ENGLETT V. BEE HIVE ASSISTED LIVING
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LONA ENGLETT,
Worker-Appellant,
v.
BEE HIVE ASSISTED LIVING and
CHURCH MUTUAL INSURANCE
COMPANY,
Employer/Insurer-Appellees.
No. 32,195 (consolidated with No. 32,262)
COURT OF APPEALS OF NEW MEXICO
February 6, 2013
APPEAL FROM THE WORKERS’ COMPENSATION ADMINISTRATION,
David L. Skinner, Workers’ Compensation Judge
COUNSEL
James Rawley, Albuquerque, NM, for Appellant
Paul Koller, Albuquerque, NM, for Appellees
JUDGES
JONATHAN B. SUTIN, Judge. WE CONCUR: MICHAEL D. BUSTAMANTE, Judge, J. MILES HANISEE, Judge
MEMORANDUM OPINION
SUTIN, Judge.
Summary reversal was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary reversal has been filed and the time for doing so has expired.
For the reasons set forth in our notice of proposed summary disposition filed October 5, 2012, we REVERSE the workers’ compensation judge’s denial of Worker’s motion for reconsideration. Further, we remand with instructions to the workers’ compensation judge that unless a sanction should be applied pursuant to NMSA 1978, Section 52-1-54(F)(3) (2003) (governing employer’s offers), Worker’s attorney fees should have been split equally between Worker and Employer/Insurer. Subsection (F)(3) provides that “if the employer’s offer was greater than the amount awarded by the compensation order, the employer shall not be liable for his fifty percent share of the attorney fees to be paid the worker’s attorney[.]” However, in the case at bar, Employer’s offer was not greater than the amount awarded to Worker, and therefore it did not obtain a more favorable result. Thus, the default provision in Section 52-1-54(J) applies.
IT IS SO ORDERED.
JONATHAN B. SUTIN, Judge
WE CONCUR:
MICHAEL D. BUSTAMANTE, Judge
J. MILES HANISEE, Judge