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

• The case involves the Respondent, Roman Hernandez, doing business as Tiburon Construction, who was ordered to pay the Uninsured Employers’ Fund (UEF) $76,860.73 for unpaid funds, plus interest and a mandatory statutory penalty, under a stipulated compensation order issued by the Workers’ Compensation Administration (WCA).

Procedural History

• District Court of Bernalillo County, Alan M. Malott, District Judge: Adopted the WCA’s supplementary compensation order and awarded the UEF $76,860.73 for unpaid funds, plus interest and the mandatory statutory penalty due to the UEF under a stipulated compensation order.

Parties' Submissions

• Petitioner-Appellee (UEF): Argued that the Respondent owes $76,860.73 for unpaid funds, plus interest and a mandatory statutory penalty under a stipulated compensation order.
• Respondent-Appellant (Roman Hernandez d/b/a Tiburon Construction): Contested the district court’s judgment adopting the WCA’s supplementary compensation order. Argued that matters not in the record, preservation of arguments in district court, and the merits of the appeal were grounds for contesting the judgment. Also, attempted to challenge previous judgments and the district court’s adherence to statutory instructions without providing sufficient authority or record evidence to support these challenges.

Legal Issues

• Whether the district court erred in adopting the WCA’s supplementary compensation order and awarding the UEF $76,860.73 for unpaid funds, plus interest and the mandatory statutory penalty.
• Whether Respondent’s arguments regarding matters not in the record, preservation of arguments in district court, and the merits of the appeal demonstrate that the district court erred.
• Whether Respondent’s attempts to challenge previous judgments and the district court’s adherence to statutory instructions were properly supported and could affect the disposition of the case.

Disposition

• The Court of Appeals affirmed the district court’s judgment adopting the WCA’s supplementary compensation order and awarding the UEF $76,860.73 for unpaid funds, plus interest and the mandatory statutory penalty.

Reasons

• Per M. Monica Zamora, with Roderick T. Kennedy and J. Miles Hanisee concurring, the Court of Appeals found that the Respondent’s arguments did not demonstrate that the district court erred. The Court noted that Respondent’s arguments referred to matters not in the record, failed to establish how his arguments were preserved in district court, and provided insufficient information to address the merits of the appeal. Additionally, the Court found that Respondent’s arguments constituted improper collateral attacks on previous judgments and that the district court correctly followed statutory instructions requiring it to accept the WCA’s supplementary compensation order without review of the WCA’s actions (paras 1-4).