Baker v. Endeavor Servs., Inc.

NAKAMURA, Chief Justice (dissenting).

*274{35} Worker failed to offer terms resolving all of the disputed matters necessary to determine whether his settlement offer was less than the compensation awarded. Accordingly, Worker is not entitled to fee shifting. Both the Workers' Compensation Judge (WCJ) and Court of Appeals were correct and should be affirmed. For these reasons, I dissent.

{36} "New Mexico has traditionally followed the American Rule by which each litigant is ordinarily responsible for its own attorney's fees." Carrillo v. Compusys, Inc. , 2002-NMCA-099, ¶ 10, 132 N.M. 710, 54 P.3d…