AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• A Worker was awarded benefits by a compensation order. Following this, the Employer/Insurer filed a motion for reconsideration regarding the compensation order. The record does not show that this motion for reconsideration was ruled on by the time of the appeal.

Procedural History

• Workers Compensation Administration, David L. Skinner, Workers’ Compensation Judge, July 12, 2012: Compensation order awarding Worker benefits.

Parties' Submissions

• Employer/Insurer: Argued that the motion for reconsideration was timely filed under NMSA 1978, Section 39-1-1 (1917) and agreed with the Court's notice proposing to dismiss the appeal for lack of a final order.
• Worker: Requested the Court to dismiss Employer/Insurer’s appeal, and upon denial of this request, filed a motion for reconsideration asserting the same grounds as in the original motion to dismiss.

Legal Issues

• Whether the appeal should be dismissed for lack of a final order due to the pending motion for reconsideration filed by Employer/Insurer.
• Whether Worker's motion to dismiss Employer/Insurer’s appeal and subsequent motion for reconsideration of the denial of his motion to dismiss provide a valid basis for dismissal.

Disposition

• The appeal by Employer/Insurer is dismissed for lack of a final order.
• Worker's motion for reconsideration is denied.

Reasons

• The Court, consisting of Judges Jonathan B. Sutin, James J. Wechsler, and Linda M. Vanzi, concluded that Employer/Insurer's appeal lacked a final order necessary for proceeding, as their motion for reconsideration had not been ruled on. The Court identified that Employer/Insurer's motion for reconsideration was timely filed under the relevant statute, leading to the dismissal of the appeal. Additionally, the Court found that Worker failed to state a valid basis for the dismissal of Employer/Insurer’s appeal and therefore denied Worker's motion for reconsideration.