This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Worker sought compensation for a workplace injury. The Workers’ Compensation Judge (WCJ) provided two options regarding the Worker’s impairment rating: accept a 17% rating from an unauthorized provider or request a hearing to appoint a specialist to determine the rating. The Worker did not request a hearing but instead appealed the compensation order.
Procedural History
- Workers’ Compensation Administration, April 25, 2008: The WCJ issued a compensation order providing the Worker with two options regarding the impairment rating but did not assign a final rating.
Parties' Submissions
- Appellant (Worker): Argued that the compensation order was appealable despite the lack of a final impairment rating and sought to challenge the WCJ’s decision.
- Appellees (Employer/Insurer): [Not applicable or not found]
Legal Issues
- Whether the compensation order, which did not assign a final impairment rating, constituted a final, appealable order.
Disposition
- The appeal was dismissed for lack of jurisdiction due to the absence of a final, appealable order.
Reasons
Per Fry CJ. (Vigil and Vanzi JJ. concurring):
The Court held that the compensation order was not final because it did not resolve all issues of law and fact, specifically the Worker’s impairment rating. The WCJ’s order provided the parties with options but did not dispose of the case to the fullest extent possible. Under New Mexico law, only final orders from the WCJ are appealable. Since the Worker did not request a hearing to finalize the impairment rating, the appeal was premature, and the Court lacked jurisdiction to hear it.