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MEDINA v. HUNEMULLER CONSTRUCTION, INC.

No. 23,819.

122 P.3d 839 (2005)

138 N.M. 472

2005-NMCA-123

Rafael MEDINA, Worker-Appellant/Cross-Appellee, v. HUNEMULLER CONSTRUCTION, INC., and Hospital Services Corporation, Employer/Insurer-Appellees/Cross-Appellants.

Court of Appeals of New Mexico.

August 11, 2005.

Attorney(s) appearing for the Case

Victor S. Lopez, Albuquerque, NM, for Worker-Appellant/Cross-Appellee.

Max J. Madrid, Susan Bisong, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, for Employer/Insurer-Appellees/Cross-Appellants.

OPINION

ALARID, Judge.

{1} The principal issue presented by this case is whether an employer who mistakenly notifies the Workers' Compensation Administration (WCA) of its acceptance of a mediator's recommended resolution may obtain relief from the binding effect of the recommended resolution pursuant to NMSA 1978, Section 52-5-9(B)(2) (1986, as amended through 1989). We hold that an employer may not resort...

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