Baker v. Endeavor Servs.Annotate this Case
Casey Baker (Worker) appealed a Workers’ Compensation Administration decision denying his request that Endeavor Services, Inc. and Great West Casualty Company (Employer) pay 100% of Worker’s attorney fees pursuant to the fee-shifting provision set forth in NMSA 1978, Section 52-1-54(F)(4) (2003, amended 2013). At issue was whether Worker made an offer of judgment that was sufficient to trigger the fee-shifting provision. The New Mexico Supreme Court found Worker’s offer of judgment put Employer on notice that Worker was proposing an unambiguous partial settlement and that Worker intended to invoke the fee-shifting statute. Therefore, Worker made a valid offer under Section 52-1-54(F) (2003) and the workers’ compensation judge erred as a matter of law by declining to apply the mandatory fee-shifting provision. The case was remanded for further proceedings.