Court of Appeals of New Mexico

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-40751

FERNANDO DIAZ,

Worker-Appellant,

v.

MAYORGA ROOFING CORP.

And NEW MEXICO FOUNDATION

INSURANCE COMPANY,

Employer/Insurer-Appellees.

APPEAL FROM THE WORKERS’ COMPENSATION ADMINISTRATION
Leonard J. Padilla, Administrative Hearing Officer

LeeAnn Ortiz

Albuquerque, NM

for Appellant

Evie M. Jilek

Albuquerque, NM

for Appellees

MEMORANDUM OPINION

DUFFY, Judge.

{1}       Worker-Appellant appealed from the Worker’s Compensation Judge’s (WCJ) third amended compensation order. This Court issued a calendar notice proposing to reverse the WCJ’s order on January 30, 2023. On February 17, 2023, Worker-Appellant filed a memorandum in support of this Court’s notice of proposed disposition. To this date, Appellees have not filed a memorandum in opposition to this Court’s notice of proposed disposition, and the time for doing so has now run. Accordingly, we rely on the reasoning set out in this Court’s notice of proposed disposition, and we affirm.

{2}       IT IS SO ORDERED.

MEGAN P. DUFFY, Judge

WE CONCUR:

JENNIFER L. ATTREP, Chief Judge

KRISTINA BOGARDUS, Judge