1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO JOSE F. RIVERA, 3 Worker-Appellant, v. NO. 29,153 FOXWORTH-GALBRAITH LUMBER COMPANY and GALLAGHER BASSETT SERVICES, INC. (TPA), 9 Employer/Insurer-Appellees.

10 APPEAL FROM THE WORKERS COMPENSATION ADMINISTRATION Victor S. Lopez, Workers’ Compensation Judge LeeAnn Ortiz Albuquerque, NM for Appellant James P. Barrett Albuquerque, NM for Employer/Insurer-Appellees.

18 MEMORANDUM OPINION KENNEDY, Judge.

20 Worker appeals an amended order granting in part his petition for a partial lump-sum payment. We issued a second calendar notice proposing to summarily dismiss Worker’s appeal as premature because the workers’ compensation judge (WCJ) has not ruled on Worker’s motion for reconsideration. Worker filed a timely memorandum in support, which we have duly considered. For the reasons in the second calendar notice, we dismiss this appeal.

5 IT IS SO ORDERED.

6 ___________________________________ 7 RODERICK T. KENNEDY, Judge WE CONCUR:

9 ___________________________ JAMES J. WECHSLER, Judge

11 ___________________________ LINDA M. VANZI, Judge