Medina v. Hunemuller Construction, Inc.

OPINION

ALARID, Judge.

{1} The principal issue presented by this case is whether an employer who mistakenly notifies the Workers’ Compensation Administration (WCA) of its acceptance of a mediator’s recommended resolution may obtain relief from the binding effect of the recommended resolution pursuant to NMSA 1978, Section 52-5-9(B)(2) (1986, as amended through 1989). We hold that an employer may not resort to Section 52-5-9(B)(2) and that NMSA 1978, Section 52-5-5(0 (1986, as amended through 1993) provides the exclusive procedure for obtaining relief from the binding effect of an accepted…