Recent Appellate Opinions by Carlos G. Martinez for the New Mexico Workers' Compensation Association

In the October 1, 2014, edition of the New Mexico Bar Bulletin, two workers’ compensation cases were reported.  The first case is entitled Sandy Allen Jones v. Holiday Inn Express and AIG Claims Service v. ALEA North American Insurance Company and CHUBB Services Corporation.  This was an appeal from a decision by Judge Shanon S. Riley.  This Opinion was issued by the New Mexico Court of Appeals. Judge Michael E. Vigil wrote the Opinion, Judge Linda M. Vanzi and Judge Monica Zamora concurred.  This case involved a dispute between two insurance carriers, AIG Claims Service and ALEA North American Insurance Company.  The Court found that the dispute had no effect on the rights of the injured Worker.  The Worker sustained an on the job injury to his back, which was not in dispute.  Thirteen days prior to the accident, the Employer had changed its workers’ compensation carrier from AIG Claims Service (AIG) to ALEA North American Insurance Company (ALEA).  The Employer’s assistant manager was apparently unaware of the change and sent notice of the accident to AIG.

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