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 Worker-Appellant, Michael Najibi, filed a complaint in the Workers' Compensation Administration, which was dismissed with prejudice by the Workers’ Compensation Judge (WCJ), David Skinner. The dismissal led to Najibi's appeal to the Court of Appeals of New Mexico (para 1).

Procedural History

• Workers’ Compensation Administration, David Skinner, Workers’ Compensation Judge: Amended compensation order dismissing Worker's complaint with prejudice.

Parties' Submissions

• Worker-Appellant: Argued against the WCJ's dismissal of his complaint but did not provide any basis for extending the filing deadline or any justification for the delay in filing his notice of appeal (para 3).
• Employer/Insurer-Appellees: [Not applicable or not found]

Legal Issues

• Whether the Court of Appeals has jurisdiction to consider the merits of the Worker's appeal despite the notice of appeal being filed nearly three months late.

Disposition

• The appeal was dismissed due to the untimely filing of the notice of appeal (para 4).

Reasons

• The panel, consisting of Judges Timothy L. Garcia, Michael E. Vigil, and Henry M. Bohnhoff, unanimously agreed to dismiss the appeal. They highlighted that the timely filing of a notice of appeal is a mandatory precondition to the Court's jurisdiction. The Worker filed his notice of appeal nearly three months late and did not provide any basis for extending the filing deadline or any justification for the delay. Despite the Worker's invitation to consider the merits of the appeal notwithstanding the untimely filing, the Court declined to do so, adhering to precedent that emphasizes the importance of adhering to procedural deadlines (paras 2-4).