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WEGNER v. HAIR PRODUCTS OF TEXAS

No. 24,627.

110 P.3d 544 (2005)

137 N.M. 328

2005-NMCA-043

Carolyn WEGNER and Elaine Mosqueda, Workers-Appellants, v. HAIR PRODUCTS OF TEXAS, and Spring Tyme, Employers, and New Mexico Uninsured Employers' Fund, Insurer-Appellee.

Court of Appeals of New Mexico.

March 2, 2005.

Attorney(s) appearing for the Case

Victor A. Titus, Titus & Murphy Law Firm, Farmington, NM, for Appellants.

Patricia A. Madrid, Attorney General, Santa Fe, NM, Robert M. Aurbach, Special Assistant Attorney General, Albuquerque, NM, for Appellee.

OPINION

CASTILLO, Judge.

{1} In this case, we must determine if the provisions of the New Mexico statute creating an uninsured employers' fund (statute) apply prospectively or retroactively to the claims of Appellants Wegner and Mosqueda. We hold that the terms of the statute apply prospectively, and we affirm.

I. BACKGROUND

{2} Wegner was injured on February 9, 1998. She timely filed her claim against her employer and was awarded...

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