Legal Opinion

Carrillo v. Compusys, Inc.

New Mexico Court of Appeals

Decided July 16, 2002No. 21,959PublishedCited by 8 opinions

1Opinion of the Court

OPINION

ALARID, Judge.

{1} This ease requires us to decide whether a Workers’ Compensation Judge may require a worker to pay the employer’s attorney’s fees as a sanction for bad faith in pursuing a meritless claim for benefits. We hold that the Workers’ Compensation Act does not authorize the shifting of attorney’s fees to a worker as a sanction for bad faith litigation.

BACKGROUND

{2} In 1995, Cindy D.C. Carrillo Worker) filed a pro se compensation claim against Compusys, Inc. (Employer). The Workers’ Compensation Judge WCJ) entered a judgment denying benefits and dismissing Worker’s claim.…

2Cases cited6 opinions

  1. New Mexico Right to Choose/NARAL v. JohnsonNew Mexico Supreme Court · 1999
  2. DeVaney v. Thriftway Marketing Corp.New Mexico Supreme Court · 1997
  3. Alber Ex Rel. Alber v. NolleNew Mexico Court of Appeals · 1982
  4. American Civil Liberties Union v. City of AlbuquerqueNew Mexico Supreme Court · 1999
  5. Carrillo v. Compusys, Inc.New Mexico Court of Appeals · 1996

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3Cited by8 opinions

  1. Fallen v. GREP Southwest, LLCDistrict Court, D. New Mexico · 2017
  2. Baker v. Endeavor Servs.New Mexico Supreme Court · 2018
  3. Baker v. Endeavor Servs., Inc.New Mexico Supreme Court · 2018
  4. Baker v. Endeavor Servs., Inc.New Mexico Supreme Court · 2018
  5. Childress v. Desilva Automotive Services LLCDistrict Court, D. New Mexico · 2020

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