Murphy v. Strata Production Co.
New Mexico Court of Appeals
1Opinion of the Court
OPINION
CASTILLO, J.
{1} In this opinion, we consider whether a limitation should be placed on the rule found in Kellewood v. BHP Minerals International, 116 N.M. 678, 679-81, 866 P.2d 406, 407-09 (Ct.App.1993), wherein we held that an order regarding a change of healthcare provider (HCP) is not a final, appealable order when a claim for benefits is pending before the Workers’ Compensation Administration (WCA). Although we agree that there could be eases in which the filing of a complaint becomes a sham or a ruse enabling one party to engage in gamesmanship, this case does not present us with…
2Cases cited7 opinions
- Handmaker v. HenneyNew Mexico Supreme Court · 1999
- Carrillo v. RostroNew Mexico Supreme Court · 1992
- City of Albuquerque v. SanchezNew Mexico Court of Appeals · 1992
- Ramirez v. IBP Prepared FoodsNew Mexico Court of Appeals · 2001
- Garbagni v. Metropolitan Investments, Inc.New Mexico Court of Appeals · 1990
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3Cited by4 opinions
- State v. OlssonNew Mexico Court of Appeals · 2007
- Acosta v. Shell Western Exploration & Production, Inc.New Mexico Court of Appeals · 2012
- Arguedas v. SeawrightNew Mexico Court of Appeals · 2019
- Wigley v. Sears Holding Corp.New Mexico Court of Appeals · 2017