Legal Opinion

Gutierrez v. J & B MOBILE HOMES

New Mexico Court of Appeals

Decided December 1, 1998No. 18,906, 18,920PublishedCited by 6 opinions

1Opinion of the Court

OPINION

DONNELLY, J.

{1} Samuel Gutierrez (Worker) appeals from an order of the Workers’ Compensation Judge (the WCJ) denying his request for an independent medical examination (IME), pursuant to NMSA 1978, § 52-l-51(A) (1990) of the Workers’ Compensation Act. The single issue raised on appeal is whether the WCJ erred in finding that Worker had failed to establish that he was entitled to an IME because a bona fide dispute existed among Worker’s authorized health care providers concerning a medical issue related to Worker’s care and treatment. Reversed and remanded.

FACTS

{2} Worker suffered a…

2Cases cited9 opinions

  1. State v. ADAM M.New Mexico Court of Appeals · 1997
  2. City of Albuquerque v. SanchezNew Mexico Court of Appeals · 1992
  3. DiMatteo v. County of Dona Ana Ex Rel. Board of County CommissionersNew Mexico Court of Appeals · 1986
  4. Jurado v. Levi Strauss & Co.New Mexico Court of Appeals · 1995
  5. Santa Fe Southern Railway, Inc. v. Baucis Limited Liability Co.New Mexico Court of Appeals · 1997

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3Cited by6 opinions

  1. Rutherford v. Chaves CountyNew Mexico Supreme Court · 2003
  2. Ramirez v. IBP Prepared FoodsNew Mexico Court of Appeals · 2001
  3. Ramirez v. Johnny's Roofing, Inc.New Mexico Court of Appeals · 1999
  4. International Chiropractors Ass'n v. New Mexico Board of Chiropractic ExaminersNew Mexico Court of Appeals · 2013
  5. De Jesus v. Form-Cove Mfg.New Mexico Court of Appeals · 2016

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