Legal Opinion

Bianco v. Horror One Productions

New Mexico Supreme Court

Decided February 12, 2009No. 30,747PublishedCited by 5 opinions

1Opinion of the Court

OPINION

MAES, Justice.

{1} In this case, we determine whether NMSA 1978, Section 39-1-1 (1917), applies to workers’ compensation cases when calculating the time for filing a notice of appeal. Rosanne Bianco (Worker) filed a motion for rehearing with the workers’ compensation judge (WCJ), seeking reconsideration of the WCJ’s final order. The WCJ denied the motion, and Worker filed a notice of appeal. Worker filed her appeal more than thirty days after the WCJ entered its final order but less than thirty days after the express denial of her motion for rehearing. We hold that the Workers’…

2Cases cited3 opinions

  1. Cook v. AndingNew Mexico Supreme Court · 2008
  2. State Ex Rel. Pilot Development Northwest, Inc. v. StateNew Mexico Court of Appeals · 1985
  3. Moore v. Phillips Petroleum Co.New Mexico Supreme Court · 1932

3Cited by5 opinions

  1. Schultz ex rel. Schultz v. Pojoaque Tribal Police DepartmentNew Mexico Court of Appeals · 2010
  2. Schultz v. POJOAQUE TRIBAL POLICE DEPT.New Mexico Supreme Court · 2010
  3. Baca v. LOS LUNAS COMMUNITY PROGRAMSNew Mexico Court of Appeals · 2010
  4. Levan v. Hayes Trucking & Concrete, Inc.New Mexico Court of Appeals · 2014
  5. Walker v. AMS Staff LeasingNew Mexico Court of Appeals · 2010

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