Legal Opinion

Murphy v. Strata Production Co.

New Mexico Court of Appeals

Decided November 30, 2005No. 24,490PublishedCited by 4 opinions

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

  1. Handmaker v. HenneyNew Mexico Supreme Court · 1999
  2. Carrillo v. RostroNew Mexico Supreme Court · 1992
  3. City of Albuquerque v. SanchezNew Mexico Court of Appeals · 1992
  4. Ramirez v. IBP Prepared FoodsNew Mexico Court of Appeals · 2001
  5. Garbagni v. Metropolitan Investments, Inc.New Mexico Court of Appeals · 1990

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. OlssonNew Mexico Court of Appeals · 2007
  2. Acosta v. Shell Western Exploration & Production, Inc.New Mexico Court of Appeals · 2012
  3. Arguedas v. SeawrightNew Mexico Court of Appeals · 2019
  4. Wigley v. Sears Holding Corp.New Mexico Court of Appeals · 2017

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