Poncho v. Everest Group ( 2009 )

1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please 2 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 3 Please also note that this electronic memorandum opinion may contain computer-generated 4 errors or other deviations from the official paper version filed by the Court of Appeals and does 5 not include the filing date. 6 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 7 CINDY PONCHO, on behalf of and as 8 surviving spouse of JOHNNIE PONCHO, 9 Worker/Decedent-Appellant, 10 v. NO. 29,614 11 EVEREST GROUP, INC. and MOUNTAIN 12 STATES MUTUAL CASUALTY CO., 13 Employer/Insurer-Appellees. 14 APPEAL FROM NEW MEXICO WORKERS’ COMPENSATION 15 ADMINISTRATION 16 Gregory D. Griego, Workers’ Compensation Judge 17 David S. Proffit 18 Albuquerque, NM 19 for Appellant 20 Katherine E. Tourek 21 Albuquerque, NM 22 for Appellees 23 MEMORANDUM OPINION 1 WECHSLER, Judge. 2 Summary reversal was proposed for the reasons stated in the notice of proposed 3 disposition. No memorandum opposing summary reversal has been filed, and the time 4 for doing so has expired. 5 Reversed. 6 IT IS SO ORDERED. 7 ______________________________ 8 JAMES J. WECHSLER, Judge 9 WE CONCUR: 10 _______________________________ 11 CYNTHIA A. FRY, Chief Judge 12 _______________________________ 13 MICHAEL E. VIGIL, Judge 2