Pino v. MGA Healthcare
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1 2 3 4 5 This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. 6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 7 ORLANDO PINO, 8 Worker-Appellee, 9 v. NO. 31,051 10 MGA HEALTHCARE STAFFING 11 and ESIS, 12 Employer/Insurer-Appellant. 13 APPEAL FROM THE WORKERS COMPENSATION ADMINISTRATION 14 Victor S. Lopez, Workers Compensation Judge 15 Orlando Pino 16 Socorro, NM 17 Pro Se Appellee 18 Paul L. Civerolo, L.L.P. 19 Paul L. Civerolo 20 Albuquerque, NM 21 for Appellant 22 23 VIGIL, Judge. MEMORANDUM OPINION 1 Employer appeals a decision of the Workers Compensation Judge (WCJ) 2 granting Worker s objection to its notice to change healthcare provider. In our notice, 3 we proposed to affirm on the basis that there was sufficient evidence to support the 4 decision of the WCJ. Employer has responded that it will not oppose our decision to 5 affirm based on substantial evidence. However, it asserts that the decision of the WCJ 6 was manifestly unjust. As we pointed out in our notice, it is for the fact finder, the 7 WCJ here, to determine the credibility of the witnesses and to decide where the truth 8 lies. We review simply for sufficiency of the evidence to support the decision. 9 10 For the reasons stated in the notice of proposed disposition, we affirm. IT IS SO ORDERED. 11 12 _______________________________ MICHAEL E. VIGIL, Judge 13 WE CONCUR: 14 _________________________________ 15 CYNTHIA A. FRY, Judge 16 _________________________________ 17 RODERICK T. KENNEDY, Judge 2
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