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LUCERO v. CITY OF ALBUQUERQUE

No. 21,965.

43 P.3d 352 (2002)

132 N.M. 1

2002-NMCA-034

Paul LUCERO, Worker-Appellee, v. CITY OF ALBUQUERQUE, Self-Insured, Employer/Self-Insured-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied March 14, 2002.

Certiorari Granted May 20, 2002.

Attorney(s) appearing for the Case

David S. Proffit, Albuquerque, NM, for Appellee.

Robert M. White, City Attorney, Helen L. Stirling, Helen L. Stirling, P.C., Albuquerque, NM, for Appellant.

Certiorari Denied, No. 27,345, March 14, 2002.

Certiorari Granted, 27,345, May 20, 2002.

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...

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