Court of Appeals of New Mexico
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Rule Set 12 - Rules of Appellate Procedure - cited by 9,502 documents
Citations - New Mexico Appellate Reports
Frick v. Veazey - cited by 97 documents
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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
No. A-1-CA-38541
RAY FLOWERS, Deceased,
Worker-Appellee,
v.
WESTERN MOTORS, INC. and
NEW MEXICO MUTUAL CASUALTY
CO.,
Employer/Insurer-Appellants.
APPEAL FROM THE WORKERS’ COMPENSATION ADMINISTRATION
Rachel A. Bayless, Workers’ Compensation Judge
Stout & Stout Lawyers LLP
Drew Stout
Mark Stout
Hobbs, NM
for Appellee
Law Office of Nathan Cobb LLC
Nathan A. Cobb
Nathan D. Pederson
Albuquerque, NM
for Appellants
MEMORANDUM OPINION
, Judge.
{1} Western Motors, Inc., and New Mexico Mutual Casualty Co. (Employer/Insurer) appeal from the workers’ compensation judge’s (WCJ) order, entered October 7, 2019, concluding that Ray Flowers (Worker) was an independent contractor at the time he was injured and thus the Workers’ Compensation Act did not apply. This Court issued a notice of proposed disposition, proposing to affirm. Worker filed a memorandum in support of proposed summary affirmance. Employer/Insurer have not filed any memoranda in opposition to this Court’s calendar notice, and the time for doing so has now passed. “Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.” Frick v. Veazey, 1993-NMCA-119, ¶ 2, 116 N.M. 246, 861 P.2d 287. Accordingly, for the reasons stated in our notice of proposed disposition and herein, we affirm the WCJ’s order.
{2} IT IS SO ORDERED.
JULIE J. VARGAS, Judge
WE CONCUR:
JENNIFER L. ATTREP, Judge
KRISTINA BOGARDUS, Judge