Lisa Corn v. New Mexico Educators Federal Credit Union
119 N.M. 199, 889 P.2d 234, 34 N.M. St. B. Bull. 17, NM.40022(1994)
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MINZNER, Chief Judge. Worker appeals the workers' compensation Judge's compensation order limiting her award of attorneys' fees to $12,500 as required
by NMSA 1978, Section 52-1-54(G) (Repl. Pamp. 1991) (Effective until January 1, 1991). Worker contends that the attorneys'
fees cap in Section 52-1-54(G) is unconstitutional because (1) it violates her right to due process of law, (2) it violates
her right to equal protection under the law, and (3) it violates her right to petition for redress. We requested amicus curiae
briefs addressing Worker's equal protection challenge from the Workers' Compensation Administration (Administration), the
New Mexico Trial Lawyers Association (NMTLA), and the New Mexico Defense Lawyers Association (NMDLA). Amicus participation
has been very helpful. Because we find the equal protection challenge dispositive in this case, we do not address the other
constitutional challenges raised by Worker. We reverse and remand.