Legal Opinion
Lucero v. City of Albuquerque
New Mexico Court of Appeals
Decided May 20, 2002No. 21,965PublishedCited by 7 opinions
1Opinion of the Court
OPINION
PICKARD, Judge.
{1} In this case, we are asked to determine whether and, if so, how a Workers’ Compensation Judge (WCJ) can enforce NMSA 1978, § 52-1-50.1 (1990), which requires an employer, if it is hiring, to rehire an injured worker for his pre-injury job or a modified job similar to the pre-injury job. We hold that the WCJ is vested with authority to order the employer to find work for its injured worker, but that the WCJ may not award a fine or damages for the violation of that statute. However, in circumstances such as those here, where the Worker’s claim was based on a demand to…
2Cases cited7 opinions
- Key v. Chrysler Motors Corp.New Mexico Supreme Court · 1996
- Matter of Estate of HeeterNew Mexico Court of Appeals · 1992
- Herman v. Miners' HospitalNew Mexico Supreme Court · 1991
- Dingus v. Third Street GroceryNew Mexico Court of Appeals · 1994
- Coslett v. Third Street GroceryNew Mexico Court of Appeals · 1994
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Martinez v. CITIES OF GOLD CASINONew Mexico Court of Appeals · 2009
- Chavez v. State Workers' Compensation Admin.New Mexico Court of Appeals · 2012
- Redman v. McClain Co.New Mexico Court of Appeals · 2013
- Rubio v. McAnally Enterprises, L.L.C.District Court, D. New Mexico · 2005
- State v. FoulkNew Mexico Court of Appeals · 2014
2 more not listed; retrieve them via the Exa API.