HALL v. CARLSBAD SUPERMARKET/IGA

No. 26,538.

177 P.3d 530 (2007)

2008-NMCA-026

Esther HALL, Worker-Appellee, v. CARLSBAD SUPERMARKET/IGA, and Food Industry Self Insurance Fund of New Mexico, Employer/Insurer-Appellants.

Court of Appeals of New Mexico.

December 6, 2007.


Attorney(s) appearing for the Case

Jeff Diamond Law Firm, Jeffrey B. Diamond, Greta Fischer, Carlsbad, NM, for Appellee.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Max J. Madrid, Emil J. Kiehne, Albuquerque, NM, for Appellants.


OPINION

VIGIL, Judge.

{1} This case presents an issue of first impression under the Workers' Compensation Act (the Act), NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2007): Does a doctor who performs an independent medical examination (IME) under Section 52-1-51, pursuant to the parties' agreement, exceed the scope of his authority when he diagnoses injuries not specifically identified in the agreement and concludes they were caused by...

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