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GRINE v. PEABODY NATURAL RESOURCES

No. 24,354.

114 P.3d 329 (2005)

137 N.M. 649

2005-NMCA-075

Margie GRINE, on behalf of and as surviving spouse of Gary C. Grine, deceased, Claimant-Appellant, v. PEABODY NATURAL RESOURCES, dba Lee Ranch Coal Company, and Old Republic Insurance Company, Employer/Insurer-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted June 2, 2005.

Attorney(s) appearing for the Case

Gerald A. Hanrahan, Albuquerque, for Appellant.

Katherine E. Tourek, French & Associates, P.C., Albuquerque, for Appellees.

Certiorari Granted, No. 29,196, June 2, 2005.

OPINION

CASTILLO, J.

{1} In this workers' compensation case, we review the dismissal of Worker Gary Grine's claim, based on the determination that the heart attack he suffered on the job did not arise out of or occur in the course and scope of his employment. We must first decide the threshold issue of an employer's right to choose a health care provider for a worker when the employer has denied...

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