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HOWELL v. MARTO ELECTRIC

No. 26,180.

148 P.3d 823 (2006)

2006-NMCA-154

John HOWELL, Worker-Appellant, v. MARTO ELECTRIC and Twin City Fire Insurance Co., Employer/Insurer-Appellees.

Court of Appeals of New Mexico.

November 9, 2006.

Attorney(s) appearing for the Case

David S. Proffit, Albuquerque, NM, for Appellant.

Law Offices of Eva K. Rappaport, Kathryn Grusauskas, Beall & Biehler, an Association, Jose R. Blanton, Albuquerque, NM, for Appellees.

OPINION

PICKARD, Judge.

{1} In this case, we are asked to consider the effect of an employer's failure to provide notice of its decision regarding selection of health care providers, as required by New Mexico's Workers' Compensation scheme. Because the Workers' Compensation Judge (WCJ) erred as a matter of law when he found that evidence that neither the employer nor the worker chose the first health care provider...

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