Buckingham v. Health South Rehabilitation Hospital

(specially concurring).

30. We concur in the opinion of Chief Judge Hartz with respect to the discussion and holding of issue 11(A) “Past-Due Disability Benefits.” We do not agree with the discussion thereafter regarding issue 11(B) “Medical Benefits.” The following represents the opinion of the Court, and shall hereafter be cited as such, concerning an award of attorneys’ fees for securing future medical benefits pursuant to NMSA 1978, Section 52-1-54(H) (1993).

31. The workers’ compensation judge (WCJ) awarded attorneys’ fees of $4000 plus tax and costs. In explaining the award, the WCJ…