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-Appellant appealed from the Worker’s Compensation Judge’s (WCJ) third amended compensation order related to a dispute with Mayorca Roofing Corp. and New Mexico Foundation Insurance Company, the Employer/Insurer-Appellees. Specific details leading to the appeal are not provided in the decision text.
Procedural History
- Appeal from the Workers’ Compensation Administration: Third amended compensation order issued by Leonard J. Padilla, Administrative Hearing Officer.
Parties' Submissions
- Worker-Appellant: Filed a memorandum in support of the Court of Appeals' notice of proposed disposition to reverse the WCJ’s order (para 1).
- Employer/Insurer-Appellees: Did not file a memorandum in opposition to the Court’s notice of proposed disposition, and the time for doing so has expired (para 1).
Legal Issues
- (N/A)
Disposition
- The Court of Appeals affirmed the reasoning set out in its notice of proposed disposition and decided to affirm the WCJ’s third amended compensation order (para 2).
Reasons
-
Per MEGAN P. DUFFY, Judge (JENNIFER L. ATTREP, Chief Judge, and KRISTINA BOGARDUS, Judge, concurring): The decision to affirm the WCJ’s order was based on the Worker-Appellant's memorandum in support of the Court’s notice of proposed disposition and the absence of a memorandum in opposition from the Employer/Insurer-Appellees. The Appellees' failure to oppose the proposed disposition within the allotted time frame contributed to the Court's decision to rely on its initial reasoning for the proposed reversal, ultimately leading to the affirmation of the WCJ’s order (paras 1-2).
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