Legal Opinion · Concurring in part, dissenting in part
Wagner v. AGW CONSULTANTS
New Mexico Supreme Court
Decided June 29, 2005No. 28,348Published
1Concurring in part, dissenting in partBosson, Chief Justice
{34} I concur in part and dissent in part. Under the facts of this case, I reluctantly agree that the attorney fee limitation in NMSA 1978, Section 52-1-54(1) (1993) of the Workers’ Compensation Act (the Act) passes the rational basis test, and is therefore constitutional, for proceedings before the Workers’ Compensation Administration (the Administration). I write separately to express my concerns regarding the effect of the attorney fee limitation on a worker’s right to appeal.
{35} In my mind, the absence of any provision for attorney fees at the appellate level impermissibly burdens the…
2Cases cited48 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
- Romer v. EvansSupreme Court of the United States · 1996
- Lawrence v. TexasSupreme Court of the United States · 2003
- Walters v. National Assn. of Radiation SurvivorsSupreme Court of the United States · 1985
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