New Mexico Supreme Court

Leslie A. Dewitt, Worker-Petitioner v. Rent-A-Center, Inc. and Fidelity & Guaranty Insurance…

June 17, 2009146 N.M. 453

Summary

The court held that the Workers’ Compensation Judge improperly excluded testimony and related records from the worker’s treating health care providers merely because some treatment occurred before the providers were formally designated as authorized providers. The statutory limitation identifies which providers may testify, but does not restrict the subject matter of their testimony to treatment rendered after designation. The court affirmed the finding that the employer had not abandoned the worker and reversed and remanded for reconsideration of the medical evidence.