Moya v. City of Albuquerque

29 Citing cases

  1. Flores v. McKay Oil Corp.

    144 N.M. 782 (N.M. Ct. App. 2008)   Cited 17 times
    In Flores, the Court of Appeals concluded that the oil rig workers injured while traveling to the rig site were commuters, not traveling employees.

    {7} When considering an appeal from the Workers' Compensation Administration, we engage in whole record review. Moya v. City of Albuquerque, 2008-NMSC-004, ¶ 6, 143 N.M. 258, 175 P.3d 926. Whole record review involves a review of all the evidence bearing on the WCJ's decision in order to determine if there is substantial evidence to support the result.

  2. Dewitt v. Rent-A-Center, Inc.

    146 N.M. 453 (N.M. 2009)   Cited 100 times
    Holding that the employer did not fail to provide the worker with reasonable and necessary health-care services when the worker had the requisite information to contact the claims adjuster, but did not

    {12} We review factual findings of Workers' Compensation Administration judges under a whole record standard of review. Moya v. City of Albuquerque, 2008-NMSC-004, ¶ 6, 143 N.M. 258, 175 P.3d 926. "On appeal, to determine whether a challenged finding is supported by substantial evidence, we have always given deference to the fact finder, even when we apply, as here, whole record review."

  3. Pearson v. Johnson Controls

    2011 NMCA 34 (N.M. Ct. App. 2011)   Cited 4 times
    Noting that U.J.I.13–305 N.M.R.A. defines causation “as an act that ‘contributes to bringing about the injury’ and is ‘reasonably connected as a significant link to the injury’ ” (quoting U.J.I. 13–305 N.M.R.A.)

    {13} This Court reviews workers' compensation orders under a whole record standard. Moya v. City of Albuquerque, 2008-NMSC-004, ¶ 6, 143 N.M. 258, 175 P.3d 926. In doing so, we consider "all the evidence bearing on the WCJ's decision in order to determine if there is substantial evidence to support the result."

  4. Rodriguez v. Permian Drilling Corp.

    258 P.3d 443 (N.M. 2011)   Cited 17 times
    Listing additional factors

    {7} "All workers' compensation cases are reviewed under a whole record standard of review." Moya v. City of Albuquerque, 2008-NMSC-004, ¶ 6, 143 N.M. 258, 175 P.3d 926. As a general matter, we defer to the expertise of the administrative judge and "[w]e will not . . . substitute our judgment for that of the agency; although the evidence may support inconsistent findings, we will not disturb the agency's finding if supported by substantial evidence on the record as a whole."

  5. Fowler v. Vista Care & Am. Home Ins. Co.

    Docket No. 31,438 (N.M. Ct. App. Dec. 13, 2012)

    {6} "All workers' compensation cases are reviewed under a whole record standard of review." Moya v. City of Albuquerque, 2008-NMSC-004, ¶ 6, 143 N.M. 258, 175 P.3d 926. When our review consists of reviewing a "WCJ's interpretation of statutory requirements, we apply a de novo standard of review."

  6. Fowler v. Care

    298 P.3d 491 (N.M. Ct. App. 2013)   Cited 2 times

    {6} “All workers' compensation cases are reviewed under a whole record standard of review.” Moya v. City of Albuquerque, 2008–NMSC–004, ¶ 6, 143 N.M. 258, 175 P.3d 926. When our review consists of reviewing a “WCJ's interpretation of statutory requirements, we apply a de novo standard of review.”

  7. Fowler v. Vista Care

    Opinion Number: 2013-NMCA-036 (N.M. Ct. App. Mar. 13, 2013)

    {6} "All workers' compensation cases are reviewed under a whole record standard of review." Moya v. City of Albuquerque, 2008-NMSC-004, ¶ 6, 143 N.M. 258, 175 P.3d 926. When our review consists of reviewing a "WCJ's interpretation of statutory requirements, we apply a de novo standard of review."

  8. Larry v. Convenient Mgmt. Servs., Inc.

    308 P.3d 992 (N.M. Ct. App. 2013)   Cited 11 times

    {9} “All workers' compensation cases are reviewed under a whole record standard of review.” Moya v. City of Albuquerque, 2008–NMSC–004, ¶ 6, 143 N.M. 258, 175 P.3d 926. When our review consists of reviewing a “WCJ's interpretation of statutory requirements, we apply a de novo standard of review.”

  9. Leyba v. Colo. Cas. Ins. Co.

    NO. 32,636 (N.M. Ct. App. May. 29, 2013)

    [MIO 4, 6] As provided in our notice, however, these asserted deficiencies were a matter for the WCJ as fact finder to consider when weighing the evidence. See Moya v. City of Albuquerque, 2008-NMSC-004, ¶ 6, 143 N.M. 258, 175 P.3d 926 (stating that it is for the WCJ as the fact finder to assess credibility and weigh the evidence). {5} We note also that, while Insurer emphasizes that Dr. Babinski had only reviewed one MRI study at Worker's initial October 18, 2010, office visit [MIO 3-4], evidence was introduced that, ultimately, Dr. Babinski had knowledge of both work place accidents [RP Vol.II/250] and reviewed separate MRI studies of Worker's right shoulder taken after both the first and second accidents.

  10. State v. Otero

    311 P.3d 1196 (N.M. Ct. App. 2013)   Cited 2 times

    {5} We review workers' compensation cases under a “whole record standard of review.” Moya v. City of Albuquerque, 2008–NMSC–004, ¶ 6, 143 N.M. 258, 175 P.3d 926. When we are called upon to review a WCJ's interpretation of statutory requirements, our review is de novo.