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 filed a complaint against the Employer/Insurer, including claims for unfair claims processing and bad faith actions under NMSA 1978, Section 52-1-28.1 (1990) (paras 2-3).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Worker-Appellee: Filed a complaint that included claims for unfair claims processing and bad faith actions (para 3).
• Employer/Insurer-Appellants: Acknowledged the lack of finality in the order appealed from but expressed a desire not to waive any challenges should the order be deemed final (para 4).

Legal Issues

• Whether the order appealed from is final and appealable when it expressly reserved certain claims for later disposition (para 3).

Disposition

• The appeal was dismissed due to the non-finality of the order appealed from (para 5).

Reasons

• J. Miles Hanisee, Chief Judge, with Kristina Bogardus, Judge, and Megan P. Duffy, Judge, concurring: The Court found that it lacked jurisdiction to hear the appeal because the order from the Workers’ Compensation Administration was not final. This determination was based on the general rule in New Mexico that an order or judgment is not considered final unless all issues of law and fact have been determined and the case disposed of by the trial court to the fullest extent possible. Since the order appealed from expressly reserved the Section 52-1-28.1 claims for later disposition, it was deemed non-final. The Employer's concern about waiving any challenges was noted but found not to be at issue due to the non-finality of the order (paras 1-5).