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CARRILLO v. COMPUSYS, INC.

No. 21,959.

54 P.3d 551 (2002)

132 N.M. 710

2002-NMCA-099

Cindy D.C. CARRILLO, Worker-Appellant, v. COMPUSYS, INC., Employer-Insurer-Appellee/Cross-Appellant.

Court of Appeals of New Mexico.

July 16, 2002.

Attorney(s) appearing for the Case

Cindy D.C. Carrillo, Rio Rancho, NM, Pro se Appellant.

Richard J. Shane, Courtenay L. Keller, Riley, Shane & Hale, P.A., Albuquerque, NM, for Cross-Appellee.

Robert M. Aurbach, Special Assistance Attorney General, Amme M. Hogan, Special Assistant Attorney General, NM Workers' Compensation Administration, Albuquerque, NM, for Amicus Curiae.

OPINION

ALARID, Judge.

{1} This case 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...

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