Breen v. Carlsbad Municipal Schools

{52} I respectfully dissent. I would affirm the Court of Appeals, which held that the Workers had established neither a constitutional nor a statutory violation, see Breen v. Carlsbad Mun. Sch., 2003-NMCA-058, ¶ 1, 133 N.M. 618, 67 P.3d 908, and that the Workers’ Compensation Judge (WCJ) did not err in refusing to enforce the initial compensation orders after they were affirmed on appeal. Id. ¶ 6. In those orders, the WCJ had granted temporary total disability benefits pursuant to NMSA 1978, § 52-1-25.1 (1990), without limitation. In refusing to enforce those orders on remand, the WCJ…