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WAGNER v. AGW CONSULTANTS

No. 28,348.

114 P.3d 1050 (2005)

137 N.M. 734

2005-NMSC-016

David WAGNER, Worker-Appellee/Cross-Appellant, v. AGW CONSULTANTS, d/b/a Turner Environmental Consultants, and William M. Turner, individually and as trustee, Employer-InsurerAppellants/Cross-Appellees.

Supreme Court of New Mexico.

As Corrected June 29, 2005.

Attorney(s) appearing for the Case

Duhigg, Cronin, Spring & Berlin, P.A. Nancy C. Wagner, Albuquerque, NM for Worker-Appellee/Cross-Appellant.

James R. Beam Albuquerque, NM, for Employer-Insurer-Appellants/Cross-Appellees.

William M. Turner, Pro Se.

Michael B. Browde Albuquerque, NM, McGinn & Carpenter, P.A., Randi McGinn, Albuquerque, NM, for Amicus Curiae New Mexico Trial Lawyers Association.

Robert M. Aurbach, Special Assistant Attorney General, Albuquerque, NM, for Amicus Curiae Worker's Compensation Administration.

OPINION

CHÁVEZ, Justice.

{1} Worker prevailed in a heavily litigated worker's compensation claim and was awarded $58,599 in medical expenses, plus $26,761 in past and future weekly benefits. At the hearing on attorney fees, the worker's attorney sought $61,125 in attorney fees, of which the worker would have been liable for $30,562. See NMSA § 52-1-54(J) (2003) (providing worker and employer shall share payment of attorney fees equally except...

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