Legal Opinion

Hise v. City of Albuquerque

New Mexico Court of Appeals

Decided September 5, 2002No. 22,503PublishedCited by 15 opinions

1Opinion of the Court

OPINION

ALARID, J.

{1} This case requires us to decide whether the fee shifting provision of NMSA 1978, § 52 — 1—54(F)(4) (1987, as amended through 1993), applies to a stipulated compensation order pursuant to which a worker recovers benefits in excess of an earlier offer of judgment that was rejected by the employer. We hold that Section 52-1-54(F)(4) applies to the stipulated compensation order entered by agreement of the parties and that pursuant to Section 52-1-54(F)(4), the employer is responsible for paying one hundred percent of the worker’s attorney’s fees.

Background

{2} Blanca B. Hise…

2Cases cited4 opinions

  1. New Mexico Right to Choose/NARAL v. JohnsonNew Mexico Supreme Court · 1999
  2. Cordova v. Taos Ski Valley, Inc.New Mexico Court of Appeals · 1995
  3. Leo v. Cornucopia RestaurantNew Mexico Court of Appeals · 1994
  4. Lang v. GatesCourt of Appeals for the Ninth Circuit · 1994

3Cited by15 opinions

  1. Leonard v. Payday ProfessionalNew Mexico Court of Appeals · 2007
  2. J.R. Hale Contracting Co. v. Union Pacific RailroadNew Mexico Court of Appeals · 2007
  3. Abeyta v. Bumper to Bumper Auto SalvageNew Mexico Court of Appeals · 2005
  4. Rivera v. Flint EnergyNew Mexico Court of Appeals · 2011
  5. Baker v. Endeavor Servs.New Mexico Supreme Court · 2018

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