Chafino v. RMS Foods

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-38281

RAMONA CHAFINO,

Worker-Appellant, v.

RMS FOODS and FOOD

INDUSTRY SELF-INSURANCE

FUND,

Employer/Insurer-Appellees.

APPEAL FROM THE WORKERS’ COMPENSATION ADMINISTRATION

Leonard J. Padilla, Workers’ Compensation Judge

Glen L. Houston

Hobbs, NM for Appellant

Kelly A. Genova, PC

Kelly A. Genova

Albuquerque, NM for Appellees

MEMORANDUM OPINION

HANISEE, Chief Judge. {1} Worker appeals the Workers’ Compensation Judge’s (WCJ) order granting Employer/Insurer’s motion to dismiss, generally contending that Worker was entitled to reasonable and necessary medical treatment for the thoracic injury she sustained at work. This Court filed a notice of proposed summary disposition proposing to affirm the WCJ’s order on the basis of res judicata. [CN 2-4] Worker filed a notice, which is construed as timely pursuant to this Court’s order, stating that she does not intend to oppose this Court’s notice of proposed summary disposition. {2} For the reasons stated in the notice of proposed disposition, and herein, we affirm the WCJ’s order dismissing Worker’s claims. {3} IT IS SO ORDERED.

J. MILES HANISEE, Chief Judge

WE CONCUR:

JENNIFER L. ATTREP, Judge

MEGAN P. DUFFY, Judge