Johnson v. Hoyt & Son Tree Service

OPINION

WECHSLER, Judge.

{1} The opinion filed in this case on March 19, 2007 is hereby withdrawn and the following substituted therefor. The motion for rehearing is denied.

{2} We address in this appeal the right of the Uninsured Employer’s Fund (the UEF) to change health care providers under NMSA 1978, § 52-1-49 (1990). We hold that the UEF does not have such a right and reverse the decision of the workers’ compensation judge (the WCJ) to the contrary. We remand for further proceedings.

BACKGROUND

{3} The underlying facts are not in dispute. Worker, John Johnson, suffered a work-related injury…