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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO JOSE MELENDEZ, 3 Worker-Appellant, v. No. 32,293 SALLS BROTHERS CONSTRUCTION and BITUMINOUS INSURANCE CO., 7 Employer/Insurer-Appellees.

8 APPEAL FROM THE WORKERS’ COMPENSATION ADMINISTRATION Terry S. Kramer, Workers’ Compensation Judge Mel B. O’Reilly Albuquerque, NM for Appellant Doughty & West P.A.

14 Minerva Camp Albuquerque, NM for Appellees 17 MEMORANDUM OPINION SUTIN, Judge.

1 {1} Summary affirmance in part, summary reversal in part, and remand was proposed for the reasons stated in the second notice of proposed summary disposition.

3 No memorandum opposing that notice has been filed and the time for doing so has expired.

5 {2} For the reasons set forth in our second notice of proposed summary disposition filed August 11, 2014, we AFFIRM in part, REVERSE in part, and REMAND to the workers’ compensation administration for further proceedings.

8 {3} IT IS SO ORDERED.

9 __________________________________ 10 JONATHAN B. SUTIN, Judge WE CONCUR:

12 _______________________________ JAMES J. WECHSLER, Judge

14 _______________________________ CYNTHIA A. FRY, Judge