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JOHNSON v. HOYT & SON TREE SERVICE

No. 26,661.

161 P.3d 894 (2007)

2007-NMCA-072

John L. JOHNSON, Worker-Appellant, v. HOYT & SON TREE SERVICE, and New Mexico Uninsured Employers Fund, Employer/Insurer-Appellee.

Court of Appeals of New Mexico.

March 19, 2007.

Attorney(s) appearing for the Case

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

Gary K. King, Attorney General, Santa Fe, NM, Richard J. Crollett, Special Assistant Attorney General, Albuquerque, NM, for Appellee.

OPINION

WECHSLER, Judge.

{1} The opinion filed in this case on March 19, 2007 is hereby withdrawn and the following substituted therefor. The motion for rehearing is denied.

{2} We address in this appeal the right of the Uninsured Employer's Fund (the UEF) to change health care providers under NMSA 1978, § 52-1-49 (1990). We hold that the UEF does not have such a right and reverse the decision of the workers' compensation judge (the WCJ) to...

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