Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,502 documents
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PINO V. MGA HEALTHCARE
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ORLANDO PINO,
Worker-Appellee,
v.
MGA HEALTHCARE STAFFING
and ESIS,
Employer/Insurer-Appellant.
NO. 31,051
COURT OF APPEALS OF NEW MEXICO
May 18, 2011
APPEAL FROM THE WORKERS’ COMPENSATION ADMINISTRATION,
Victor S. Lopez, Workers’ Compensation Judge
COUNSEL
Orlando Pino, Socorro, NM, Pro Se Appellee
Paul L. Civerolo, L.L.P., Paul L. Civerolo, Albuquerque, NM, for Appellant
JUDGES
MICHAEL E. VIGIL, Judge. WE CONCUR: CYNTHIA A. FRY, Judge, RODERICK T. KENNEDY, Judge
AUTHOR:
MEMORANDUM OPINION
VIGIL, Judge.
Employer appeals a decision of the Workers’ Compensation Judge (WCJ) granting Worker’s objection to its notice to change healthcare provider. In our notice, we proposed to affirm on the basis that there was sufficient evidence to support the decision of the WCJ. Employer has responded that it will not oppose our decision to affirm based on substantial evidence. However, it asserts that the decision of the WCJ was manifestly unjust. As we pointed out in our notice, it is for the fact finder, the WCJ here, to determine the credibility of the witnesses and to decide where the truth lies. We review simply for sufficiency of the evidence to support the decision.
For the reasons stated in the notice of proposed disposition, we affirm.
IT IS SO ORDERED.
MICHAEL E. VIGIL, Judge
WE CONCUR:
CYNTHIA A. FRY, Judge
RODERICK T. KENNEDY, Judge