Howell v. Marto Electric

OPINION

PICKARD, Judge.

{1} In this case, we are asked to consider the effect of an employer’s failure to provide notice of its decision regarding selection of health care providers, as required by New Mexico’s Workers’ Compensation scheme. Because the Workers’ Compensation Judge (WCJ) erred as a matter of law when he found that evidence that neither the employer nor the worker chose the first health care provider was sufficient to rebut the presumption raised by the employer’s failure to provide proper notice, we reverse and remand for further proceedings.

FACTS AND PROCEEDINGS BELOW

{2} The…