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 claim for benefits, which was disputed by the Employer/Insurer on the grounds of causation. The Worker did not present expert medical testimony to support the claim of causation between the injury and the disability.

Procedural History

• APPEAL FROM WORKERS’ COMPENSATION ADMINSTRATION, Terry S. Kramer, Workers’ Compensation Judge: The Worker's claim for benefits was denied.

Parties' Submissions

• Worker-Appellant: Argued that the court should consider his testimony along with medical diagnostic tests to infer a link between his injury and disability, despite not presenting expert medical testimony.
• Employer/Insurer-Appellee: Contended that the Worker failed to establish causation as required, highlighting the absence of expert medical testimony to support the Worker's claim.

Legal Issues

• Whether the Worker's claim for benefits can be upheld without expert medical testimony to establish causation between the injury and the disability.

Disposition

• The order denying the Worker's claim for benefits was affirmed.

Reasons

• Per J. MILES HANISEE (MICHAEL E. VIGIL, Judge, M. MONICA ZAMORA, Judge concurring): The court found that expert medical testimony is required to establish causation where it is disputed, as per NMSA 1978, § 52-1-28(B) and relevant case law. The Worker's failure to present such testimony was deemed a fatal deficiency to his claim. The court declined the Worker's invitation to depart from established legal principles and infer causation from his testimony and medical diagnostic tests. The burden of establishing causation rests with the Worker, and it was not incumbent upon the Employer/Insurer to disprove causation (paras 1-3).