Legal Opinion
Buckingham v. Health South Rehabilitation Hospital
New Mexico Court of Appeals
Decided November 18, 1997No. 17305PublishedCited by 5 opinions
1Opinion of the Court
OPINION
HARTZ, Chief Judge.(1) Appellants Health South Rehabilitation Hospital (Employer) and CIGNA Insurance Company (Insurer) appeal a decision of the Workers’ Compensation Judge (WCJ) awarding attorney’s fees to Worker. They contend that the Workers’ Compensation Act bars the award even if the efforts of Worker’s attorney benefitted Worker. Because we agree that the WCJ based the award on improper considerations, we reverse the award. An attorney’s fee award may, however, be appropriate. Therefore, we remand for further proceedings. With respect to the attorney’s efforts to obtain medical…
2Cases cited11 opinions
- Farrar v. HobbySupreme Court of the United States · 1992
- Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
- Fryar v. JohnsenNew Mexico Supreme Court · 1979
- Hales v. Van CleaveNew Mexico Court of Appeals · 1967
- Levario v. Ysidro Villareal Labor AgencyNew Mexico Court of Appeals · 1995
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Meyers v. Western Auto & CNA InsuranceNew Mexico Court of Appeals · 2002
- New Mexico v. General Electric Co.District Court, D. New Mexico · 2004
- Garcia v. General ElectricNew Mexico Court of Appeals · 1999
- Medina v. Hunemuller Construction, Inc.New Mexico Court of Appeals · 2005
- Buckingham v. Health South Rehabilitation HospitalNew Mexico Court of Appeals · 1997