Legal Opinion

Valenzuela v. A.S. Horner, Inc.

New Mexico Court of Appeals

Decided January 13, 2016No. S-1-SC-35754; Docket 33,524PublishedCited by 1 opinion

1Opinion of the Court

OPINION

ZAMORA, Judge.

{1} Manuel Valenzuela (Worker) appeals a workers’ compensation judge’s (WCJ) order rating his permanent impairment at zero percent. W orker argues that the W C J erred in relying solely on an inadmissible independent medical examination (IME) report as the basis for determining that Worker reached maximum medical improvement (MMI) with an impairment rating of zero percent. As a matter of first impression, we must decide whether an IME report itself is admissible under any exception to the hearsay rule. We conclude that it is not and agree with Worker that admission of the…

2Cases cited13 opinions

  1. State v. SalgadoNew Mexico Supreme Court · 1999
  2. Dewitt v. Rent-A-Center, Inc.New Mexico Supreme Court · 2009
  3. Camino Real Mobile Home Park Partnership v. WolfeNew Mexico Supreme Court · 1995
  4. Tom Growney Equipment Co. v. JouettNew Mexico Supreme Court · 2005
  5. Leonard v. Payday ProfessionalNew Mexico Court of Appeals · 2007

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3Cited by1 opinion

  1. Valenzuela v. A.S. Horner, Inc.New Mexico Court of Appeals · 2016

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