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 filed a complaint for workers' compensation benefits, which was dismissed with prejudice by the Workers Compensation Judge (WCJ). The Worker then filed a notice of appeal more than thirty days after the WCJ's final order, leading to a jurisdictional issue regarding the timeliness of the appeal.
Procedural History
- Workers’ Compensation Administration, Gregory D. Griego, District Judge: Complaint for workers' compensation benefits dismissed with prejudice (June 22, 2010).
Parties' Submissions
- Worker-Appellant: Argued that the delay in filing the notice of appeal was due to the Court's Clerk's Office losing the docketing statement because of a filing error, and misinformation received from the New Mexico Insurance Division regarding the deadline for filing the appeal.
- Employer/Insurer-Appellee: [Not applicable or not found]
Legal Issues
- Whether the Court of Appeals has jurisdiction to review the appeal based on the timeliness of the notice of appeal filing.
Disposition
- The appeal was dismissed due to the Worker's failure to file a timely notice of appeal.
Reasons
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Per Michael E. Vigil, J. (James J. Wechsler, J., and Roderick T. Kennedy, J., concurring): The Court found it lacked jurisdiction to review the appeal on the merits due to the Worker filing the notice of appeal more than thirty days after the WCJ's final order, without extraordinary circumstances justifying the delay. The Worker's arguments regarding the Court's filing error and misinformation from the New Mexico Insurance Division did not establish such circumstances. The Court also noted discrepancies in the Worker's claims about the timing and recipients of the notice of appeal filings.
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