Court of Appeals of New Mexico
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Chapter 52 - Workers' Compensation - cited by 2,007 documents
Rule Set 12 - Rules of Appellate Procedure - cited by 9,502 documents
Decision Content
NUNEZ V. ARMSTRONG GENERAL
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date.
EVER LUIS
NUNEZ,
Worker-Appellant,
v.
ARMSTRONG GENERAL CONTRACTOR
and BUILDERS TRUST,
Employer/Insurer-Appellees.
NO. 29,522
COURT OF APPEALS OF NEW MEXICO
January 10, 2011
APPEAL FROM THE WORKERS’ COMPENSATION ADMINISTRATION,
Gregory Griego, Workers’ Compensation Judge
COUNSEL
Benito Sanchez, P.A., Benito Sanchez, Albuquerque, NM, for Appellant
Christina Bartosh Goodrow, Albuquerque, NM, for Appellees
JUDGES
JONATHAN B. SUTIN, Judge. WE CONCUR: JAMES J. WECHSLER, Judge, MICHAEL D. BUSTAMANTE, Judge
AUTHOR:
MEMORANDUM OPINION
SUTIN, Judge.
The issue is whether after his date of maximum medical improvement (MMI), Worker was entitled to modifiers under NMSA 1978, Section 52-1-26(C) (1990) of the New Mexico Workers’ Compensation Act (the Act), NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2007), even though Employer was unable to rehire Worker due to Worker’s undocumented and therefore illegal immigration status. The workers’ compensation judge (WCJ) denied Worker’s claim for modifiers in a grant of summary judgment in favor of Employer. We affirm for the reasons set out in Gonzalez v. Performance Painting, Inc., 2011-NMCA-___, ___ N.M. ___, ___ P.3d ___ (No. 29,629, Jan. 10, 2011), filed contemporaneously with the present memorandum opinion.
IT IS SO ORDERED.
JONATHAN B. SUTIN, Judge
WE CONCUR:
JAMES J. WECHSLER, Judge
MICHAEL D. BUSTAMANTE, Judge